Statutory Rape vs. Traditional Rape in North Carolina

The distinction is important. Traditional rape charges involve allegations of violence, force, or impaired consent. Statutory rape, by contrast, is based solely on age—regardless of consent or relationship dynamics.

Patrick Roberts has handled both types of cases in Raleigh, Durham, Chapel Hill, and throughout Wake County. His experience as both a defense lawyer and a former prosecutor allows him to analyze every angle and develop a response strategy grounded in the facts—not fear.

Close-in-Age Exceptions: The Romeo and Juliet Law

North Carolina does allow for a legal exception in situations where both parties are close in age. This “Romeo and Juliet” clause may apply when:

• Both individuals are at least 13 years old
• The age difference is fewer than four years
• The sexual relationship is consensual

Even with these protections, law enforcement may still pursue charges. If you're a minor or the parent of one involved in such a case, you need legal guidance right away.

Penalties for Statutory Rape in Wake and Durham County

Conviction for statutory rape in North Carolina is often charged as a Class B1 felony, punishable by:

• 25 years to life in prison
• Mandatory registration on the North Carolina Sex Offender Registry
• Restrictions on employment, housing, and education
• Permanent criminal record as a registered sex offender

These consequences are severe—but they can be fought with an intelligent, aggressive legal defense.

Custom Defense Strategies for Statutory Rape Charges

Each case is different. Patrick Roberts develops a strategy based on a detailed review of the facts, including:

• Whether the close-in-age exception applies
• Presence of digital or physical evidence
• Witness credibility
• Motivation for false accusations
• Police investigative errors or constitutional violations

How We've Helped Clients Beat Statutory Rape Allegations

In one case, a client was accused of First Degree Rape, First Degree Kidnapping, and First Degree Sexual Offense involving allegations of group assault. Patrick Roberts carefully analyzed the inconsistencies in the alleged victim’s claims, ultimately leading the Assistant District Attorney to dismiss all charges.

View the full result

In another matter, a client came under investigation for inappropriate contact with two minors, his ex-partner’s children. Through an independent investigation, Roberts uncovered that the children’s biological father—a convicted sex offender—was the more likely suspect. The State declined to prosecute.

Read the case details

Why Background Matters in Statutory Rape Defense

Elite criminal defense begins with elite preparation. Patrick Roberts brings together:

• Academic training from Duke University and Johns Hopkins
• Advanced trial advocacy from the National Criminal Defense College and Gerry Spence Trial Lawyers College
• Over 20 years of courtroom experience
• Proven success as a former prosecutor in three North Carolina counties

This background enables deep case analysis, persuasive courtroom advocacy, and the ability to challenge evidence from every angle.

Statute of Limitations for Statutory Rape in North Carolina

In North Carolina, felony sex crimes like statutory rape have no statute of limitations. That means:

• Charges may be brought years—even decades—after the alleged incident
• Delayed memories and unclear timelines can be used against you
• It’s critical to speak with a statutory rape lawyer the moment you're contacted
• Waiting to act can permanently affect your ability to build a defense

Related Practice Areas

• Raleigh Felony Charges
• Student Crimes Defense

FAQs About Statutory Rape Charges

Can a minor be charged with statutory rape?
Yes, especially when the age difference exceeds the legal exception.

Will a conviction put me on the sex offender registry?
Almost always. Registry restrictions can affect housing, employment, and even internet access.

Is it possible to get the charge dismissed or reduced?
Yes. With the right defense, outcomes can include case dismissals, reduced charges, or alternative resolutions that avoid lifelong penalties.

Speak to a Statutory Rape Attorney in Raleigh, NC Today

Don’t wait until charges are filed to protect your future. Whether you're being investigated or already facing formal charges, every moment counts. If you're in Raleigh, Durham, Cary, Chapel Hill, or anywhere in Wake or Durham County, call 919-746-7206 or contact us online now to schedule a private, confidential consultation with an experienced statutory rape lawyer.