Asheville Rape Attorney

Rape Lawyer in Asheville, NC

If you are accused of rape, bringing an experienced and knowledgeable Asheville rape lawyer to your team should be your first priority. They can work to see that you receive a fair trial and identify any violations of your rights. Sex crimes are often surrounded by high emotions. However, guilt is proven through evidence, not emotion.

Facing criminal charges in Asheville, NC, of any kind means that there is a risk of life-altering consequences. This is particularly true in cases in which a person is accused of rape. A rape conviction carries with it severe stigmas that may have lasting impacts on one’s future, including obtaining employment, housing, or furthering education, not to mention the social impact of being convicted of such a heinous crime.

Because of the horrific circumstances of the crime against the victim, those who commit these acts should be held accountable. However, the circumstances and facts of each case are not always as clear as the charge suggests.

Why Choose Edwards Law, PLLC?

The lawyer you choose for your rape case should be experienced, skilled, and strategic. At Edwards Law, PLLC, our talented attorney boasts all these attributes and more. With over 10 years of experience, Doug Edwards is prepared to craft a strong defense based on the details of your case.

What Is Defined as Rape?

Rape in North Carolina is a form of sexual assault or abuse, and it happens more often than you might think. In 2024, North Carolina recorded 3,091 rape cases. To be classified as rape, there must be nonconsensual sexual contact from one individual to another, and there must be forceful vaginal penetration. Unlike other states, North Carolina does not consider anal penetration rape but rather classifies it as a sexual offense. North Carolina’s rape statutes separate the offense into different categories. These are described in detail below. 

First-Degree Rape

To be characterized as a first-degree offense, the alleged offender must have engaged in vaginal intercourse with another person without their consent by force or against the will of that person. The victim must have reasonably believed they would be physically harmed by a deadly weapon. There must also be serious physical injury to the victim. The offender must commit the act with the help of one or more other individuals.

Second-Degree Rape

Like first-degree rape, this charge occurs when an individual forces vaginal penetration against the will of the victim, and this act is committed through force. This charge also applies if the victim has a mental disability, is mentally incapacitated, or is otherwise physically helpless. The offender reasonably knows one or more of these facts to be true and still commits the offense.

Statutory Rape

This charge occurs when a victim is under the age of 13 and a person or persons over the age of 18 force vaginal intercourse with the child. Children under the age of 18 are not legally allowed to give consent; therefore, there is no applicability of that defense in these situations.

In addition to an adult, an individual who is more than four years older but less than six years older may not engage in vaginal intercourse with anyone under the age of 15. This is regardless of consent. Consent in this situation only applies if the individual is between 16 and 18 years old.

How Is Rape Prosecuted in Asheville, NC?

In cases of rape, the burden of proof falls to the victim and the prosecution. There must be proof beyond a reasonable doubt that the crime was committed and that the defendant in question committed it. The rape charge can also be accompanied by various other charges, depending on the circumstances of the crime.

In addition to prosecution in a criminal court, victims are able to file civil claims against the perpetrator of the crime. In many cases, victims will not file a claim against the rape itself but against an intentional tort. This means they are seeking damages for an act that was intentionally committed with the purpose of causing harm. As examples, claims can be filed for reasons of assault and battery, intentionally inflicting emotional distress, and false imprisonment.

Defenses Against Rape Charges

If you are accused of rape, the first thing you should do is hire a rape lawyer. If you are innocent of the charges, your attorney’s task is to prove your innocence in court. If it is not possible to prove your innocence with definitive proof, your lawyer’s aim should be to cast doubt on the prosecution’s version of events. Some common defenses against rape charges include the following: 

• Both parties consented: One typical defense against rape charges is the assertion that both parties consented to the sexual activity at the time. This can sometimes be proven using the contents of text messages, emails, or phone calls.
• Mistaken identity: Cases of mistaken identity happen more often than one might think. A crime may have been committed, but the accused person may not be the one responsible. Supported alibis and DNA evidence can prove this defense in court.
• Lack of proof: If there is no way to definitively prove an accused person’s innocence, their attorney can cast doubt on the prosecution’s story by pointing out inconsistencies or a lack of evidence.

These are not the only possible defenses for a rape charge. A competent attorney should be able to review the details of your case and mount a fitting defense.

Penalties for Rape in Asheville, NC

All rape charges are considered felonies and, therefore, carry some of the highest penalties you can face. Depending on the severity of the case’s circumstances, prior convictions, and the strength of the defense put forward, you could face any of the following:

• First-Degree Rape: This is a Class B1 felony and is punishable by prison sentences ranging from 12 years to life.
• Second-Degree Rape: As a Class C felony, the prison term could potentially be 5½ to 15 years.
• Statutory Rape: The circumstances of the case will determine whether the charges are filed as a Class B1 or Class C felony, and each charge carries different potential prison terms.

In addition to the potential for lengthy prison terms, individuals convicted of rape also face a lifetime on the sex offender registry. This can have an enormous impact on your ability to gain employment, find housing, and seek higher education. It can even lead to travel restrictions.

Victims of rape can also bring civil claims against offenders. These claims are entirely separate from criminal prosecution, and any penalties imposed are in addition to criminal sentencing. Civil penalties can vary and are determined by the court. Awards may cover treatment for the effects of the crime, such as medical bills, therapy, emotional distress, and physical injuries.

FAQs

What Is the Legal Age of Consent in North Carolina?

In North Carolina, the legal age of consent for sexual activity is 16 years old. This means that, in most cases, individuals who are 16 or 17 can legally consent. However, if the other person is in a position of authority over the 16- or 17-year-old, the minor cannot legally consent. Examples of this would be a guardian, coach, teacher, or religious leader.

Where Are Rape Trials Held for Residents of Asheville, North Carolina?

Rape trials are handled by the North Carolina Superior Court, as are other felonies in North Carolina. The location of hearings is determined by where the alleged crime took place. For an alleged rape that took place in Asheville, both the initial hearing and the trial would take place at the Buncombe County Courthouse, which is located at 60 Court Plaza in Asheville.

What Is the Romeo and Juliet Law in North Carolina?

There is no law on the books in North Carolina called a “Romeo and Juliet law.” However, it is legal for minors under the age of 16 to consent to sexual activity with someone older, as long as the age gap does not exceed four years. For example, a 14-year-old can consent to sexual activity with a 17-year-old. Minors under the age of 13 cannot legally consent to sexual activity with someone older than them under any circumstances.

How Much Does It Cost to Hire a Rape Defense Lawyer in North Carolina?

What you pay to hire a rape defense lawyer in North Carolina can vary widely based on the details of your case and the rates and fee structures that lawyers set for themselves. Most attorneys require an up-front payment called a retainer to begin working on a criminal defense case. This is a lump sum that the client pays, and the lawyer’s actual working hours are billed against it, eliminating the need for individual invoices as the case goes on.

Hire a Rape Lawyer

If you are accused of rape, sexual abuse, or sexual assault, you should seek the advice of an experienced and knowledgeable sex crimes defense attorney as soon as possible. The process of litigating your case demands professional eyes and ears to make sure your rights are not violated and that you receive a fair trial. An accusation alone does not mean you are guilty; it must be proven through proper evidence.

At Edwards Law, PLLC, we know how much you have riding on the outcome of your case. From lengthy prison terms to lawsuits to life-altering registration as a sex offender, the consequences can be ruinous. Contact our offices today and let our attorneys provide you with the legal defense that you deserve in Asheville, NC.

Edwards Law, PLLC – Asheville, NC Office

38 Arlington St, Asheville,
NC 28801, United States

Client Testimonials

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“Wonderful and very quick to respond to our needs and was a delight working with both Doug and Sherri under the circumstances could not recommend anyone better the edwards law I would give a 10 star if I could. Thanks Doug and Sherri!”

— Patricia Sharpe

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“Doug Edwards is an absolutely amazing lawyer. He truly cares about his clients and works hard to make sure they receive the very best outcome possible. The communication was awesome with Doug and his office at all times. I highly recommend Doug Edwards, HE GETS RESULTS!”

— Kimberly McGraw

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