What Happens If a College Student Is Accused of Sexual Assault in North Carolina?

By Doug Edwards

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Criminal Defense

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Last Modified on Jun 11, 2026

When college students are accused of sexual assault on or near campus, questions abound. A student facing criminal allegations may have family members and friends wondering, what happens if a college student is accused of sexual assault. The prospect of university discipline and criminal prosecution is daunting, and the consequences of a sex crime conviction could permanently alter the course of a young person’s life.

Allegations of sexual assault can have severe repercussions for students at the University of North Carolina at Asheville as well as those enrolled at neighboring schools like Warren Wilson College. Through campus disciplinary procedures, students may be suspended, expelled, or subject to various sanctions in addition to possible criminal charges.

Multiple Different Proceedings

Accusations of sexual misconduct may lead to more than one criminal or university proceeding. It is common for a university to investigate alleged misconduct under its student conduct code. At the same time, police may also investigate to determine whether criminal charges should be filed.

University disciplinary proceedings and criminal courts answer different questions. While a college wants to know if students violated school policy, criminal courts decide if students committed a crime under North Carolina law. Because these are separate issues, students could face university discipline even if the DA decides not to file criminal charges.

University discipline can range from suspension or expulsion from school to loss of scholarships and on-campus housing — consequences that also apply to other campus criminal charges in NC. College students may also face limitations on attending school events or participating in group activities.

Roughly 13% of college students, 26.4% of female college students, and 6.8% of male undergraduate students experience rape or sexual assault, as reported by the Association of American Universities’ Campus Climate Survey. These figures contribute to the explanation of why colleges and universities frequently devote substantial funds to investigating claims of sexual misconduct.

How Sexual Assault Investigations Start

Sexual assault investigations can start when someone tells campus police, local authorities, or both that they were sexually assaulted. Afterward, the police may begin collecting various forms of evidence, such as eyewitness testimony and text messages.

College students are often shocked by how quickly an investigation can happen. Offhand comments to friends, roommates, professors, campus staff, or law enforcement officials could become evidence during a criminal trial.

The bottom line is that these investigations can happen very quickly and often start before any criminal charges have been filed. For that reason, it is important for students to know their rights during the investigative stage of a case and prepare for any potential sexual assault penalties.

North Carolina Sexual Assault Laws

In North Carolina, there are multiple criminal statutes that cover sexual conduct. The specific charges brought in any situation depend on many factors, including the alleged conduct, ages of the individuals involved, use of force, and capacity to consent. 27. Gen. Stat. § 14-27.21 is a significant statute that deals with first-degree forcible rape. Another is NC. Gen. Stat. § 14-27.26, which deals with sexual conduct by a custodian or replacement parent under specific conditions.

Sexual assault allegations should be taken seriously. However, North Carolina prosecutors also understand that the facts in each case are different. They review all the evidence before deciding what charges are appropriate, if any. Allegations may stem from a misunderstanding about consent to sexual activity, disputed facts about what happened, or the credibility of witnesses.

Common Sexual Assault Defenses

Every situation is unique, and the facts of your case matter. Many sexual assault investigations hinge on consent, identification, witness credibility, text messages, and forensic evidence. During an investigation, our defense attorneys may find witnesses who give statements that contradict what was reported to police. We also analyze electronic footprint evidence like cell phone records, text messages, social media, and location histories, including text messages used as evidence in sex crimes.

Sexual assault accusations are always highly fact-specific, so it’s often necessary to review all the evidence.

Hire a Sexual Assault Lawyer

When a student receives an accusation, many times they are intimidated by the thought of facing both criminal charges and University discipline at the same time. One of the first questions parents ask is whether they should hire a sexual assault lawyer.

At Edwards Law, PLLC, we understand the sensitivity and nature of such charges. With our knowledge and experience, however, you can confidently challenge any sexual assault charge.

FAQs

Can You Get Kicked Out of College for Sexual Assault?

When students are found to have violated sexual misconduct rules, colleges may impose disciplinary sanctions. Schools can issue warnings, place students on probation, suspend students from school, remove them from campus housing, revoke scholarships and awards, and expel students. Any of these school sanctions can result from sexual misconduct allegations. If a criminal offense was committed, school disciplinary action is separate from criminal charges that may be filed.

Is There a Time Limit on Sexual Assault Cases?

There is a time limit, but the statute of limitations varies based on the crime and whether the matter is being pursued criminally or in a civil claim. Certain felony sexual offenses in North Carolina may be prosecuted many years after the alleged misconduct occurred. The statute of limitations is different for different offenses, and they are subject to change.

Can Students Report Sexual Assault Allegations to the Police and the College?

Students can make a report to campus officials, law enforcement, or both. College and criminal investigations can occur simultaneously. They have different goals. The school wants to know if its rules were broken. The police and prosecutor review the evidence and decide if criminal charges should be filed under North Carolina law.

How Long After an Assault Can You Press Charges in NC?

The length of time you must press charges after a sexual assault in North Carolina is not bound by law. North Carolina, like a growing number of other states, does not have a statute of limitations for sexual assault. That means a victim could press charges at any time. To understand how the statute of limitations could impact potential charges against you, seek the counsel of a lawyer.

North Carolina Sexual Assault Lawyer

If you or a loved one has been accused of sexual assault in North Carolina, get the help that you deserve. Contact Edwards Law, PLLC, and let our knowledge and experience help you navigate the difficult legal road ahead with confidence.