If you are being investigated for or charged with rape or sexual assault in North Carolina, you are facing some of the most serious felony charges under state law. Convictions for first- or second-degree rape or sexual offense can result in decades in prison and mandatory lifetime sex offender registration.

At Ryan Willis Law PLLC, we defend clients in Raleigh, Wake County, and throughout North Carolina who are accused of forcible sex offenses, including first-degree rape, second-degree rape, and forcible sexual offense charges.

We have defended clients charged with rape and serious sexual offenses, secured a not guilty verdict in a rape trial, and recently obtained a dismissal in serious forcible sex offense case. We have also represented many individuals accused by sexual partners after encounters that my clients believed were consensual — including situations where the parties met through dating apps or online platforms.

If you are under investigation, early legal representation is critical.

What Is First-Degree Rape in North Carolina?

(N.C. Gen. Stat. § 14-27.21)

Under North Carolina law, first-degree forcible rape occurs when a person:

• Engages in vaginal intercourse
• By force and against the will of the other person

AND one of the following aggravating factors is present:

• Use, display, or threat of a dangerous weapon
• Infliction of serious personal injury
• Acting in concert with one or more other persons

First-degree rape is a Class B1 felony, among the most severe felony classifications in North Carolina. Convictions often carry lengthy active prison sentences and mandatory sex offender registration.

If you are searching for a Raleigh first-degree rape defense lawyer, you need an attorney who understands both the statutory elements and the forensic and credibility issues that typically determine the outcome of these cases.

What Is Second-Degree Rape in North Carolina?

(N.C. Gen. Stat. § 14-27.22)

Second-degree forcible rape involves:

• Vaginal intercourse
• By force and against the will of the other person

OR

• Vaginal intercourse with a person who is mentally disabled, mentally incapacitated, or physically helpless, where the defendant knew or reasonably should have known of that condition.

Second-degree rape is a Class C felony, still carrying severe sentencing exposure and registration requirements.

Many cases charged under this statute involve disputes about consent, alcohol use, or the parties’ prior relationship.

What Is a First-Degree Forcible Sexual Offense?

(N.C. Gen. Stat. § 14-27.26)

North Carolina distinguishes between “rape” (vaginal intercourse) and “sexual offense,” which includes other defined sexual acts.

First-degree forcible sexual offense requires:

• A sexual act
• By force and against the will of the other person

AND one of the same aggravating factors required for first-degree rape:

• Dangerous weapon
• Serious personal injury
• Acting with others

This is also a Class B1 felony.

What Is Second-Degree Forcible Sexual Offense?

(N.C. Gen. Stat. § 14-27.27)

Second-degree forcible sexual offense occurs when a person:

• Engages in a sexual act
• By force and against the will of the other person

OR

• Engages in a sexual act with someone who is mentally disabled, mentally incapacitated, or physically helpless, and the defendant knew or should have known.

This offense is classified as a Class C felony.

How Sexual Assault Allegations Often Arise

As a Raleigh criminal defense firm handling serious felony cases, we have represented clients in situations involving:

• Dating relationships that later ended
• Encounters arranged through dating apps
• Alcohol-related situations
• Allegations made days, weeks, or months after the encounter
• Disputed interpretations of consent

Many clients are stunned to learn they are under investigation. Law enforcement may request an interview “to get your side of the story.” Speaking without counsel in a sexual assault investigation can significantly harm your defense.

If you are contacted by police regarding a rape or sexual assault investigation in Wake County or anywhere in North Carolina, consult a defense attorney immediately.

Defending Rape and Sexual Assault Charges in Raleigh and Wake County

Sex offense cases are highly fact-intensive and often hinge on:

• Digital communications (texts, dating app messages, social media)
• Forensic medical evidence
• DNA analysis
• Timeline reconstruction
• Witness credibility
• Consent and prior relationship history

In some cases, early strategic intervention before charges are filed can materially affect the outcome. In other cases, success depends on meticulous trial preparation and cross-examination.

We have successfully defended clients at trial and achieved dismissals in serious sex offense cases. Every case requires individualized strategy, detailed investigation, and disciplined preparation.

What Should You Do If You Are Under Investigation?

If you believe you are being investigated for rape or sexual assault in North Carolina:

1. Do not submit to a recorded interview without an attorney.
2. Do not attempt to “clear things up” with the accuser.
3. Do not delete digital communications.
4. Contact an experienced criminal defense attorney immediately.

Early legal advice can preserve defenses and prevent irreversible mistakes.

Frequently Asked Questions About Rape and Sexual Assault Charges in North Carolina

Is rape always a Class B1 felony in North Carolina?

No. First-degree rape is a Class B1 felony. Second-degree rape is a Class C felony.

Is consent a defense to rape or sexual offense charges?

Yes. Lack of consent is a required element in forcible rape and sexual offense cases. Many cases center on whether the encounter was consensual.

Can you go to prison for second-degree rape in North Carolina?

Yes. Second-degree rape is a Class C felony and can result in substantial active prison time.

Will I have to register as a sex offender?

Convictions for first- and second-degree rape and forcible sexual offenses generally require registration.

Should I talk to police if I know I’m innocent?

You should speak to an attorney first. Even truthful statements can be misinterpreted or used in ways that harm your defense.

Raleigh Rape and Sexual Assault Defense Attorney

Being accused of rape or sexual assault can feel overwhelming. An accusation alone can affect your career, family, and reputation. A conviction can permanently alter your life.

At Ryan Willis Law PLLC, we defend individuals accused of serious felony offenses throughout Raleigh, Wake County, and across North Carolina. If you are under investigation or have been charged with first- or second-degree rape or sexual offense, contact our office for a confidential consultation.

Early strategy matters.