Can a complaint be filed for raping a disabled person?
Full Question:
I live in North Carolina with my niece who is a disabled person. Last week, my boyfriend came home to visit me. While I was away on an errand, my friend forced himself on my niece and had sex with her. Can I file a complaint against him for rape?
12/13/2016 |
Category: Criminal ยป Statutory Rape |
State: North Carolina |
#28012
Answer:
Per North Carolina General Statutes § 14-27.22:
“(a) A person is guilty of second-degree forcible rape if the person engages in vaginal intercourse with another person:
(1) By force and against the will of the other person; or
(2) Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know the other person is mentally disabled, mentally incapacitated, or physically helpless.
***”
Therefore, you may complain against your boyfriend for forcefully having sex with you niece who is a disabled person. (1) By force and against the will of the other person; or
(2) Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know the other person is mentally disabled, mentally incapacitated, or physically helpless.
***”