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This is because North Carolina has a marital exemption to the state’s statutory rape laws.
However, if Tony were to rape Jen (force her to have sex against her will), he would have no protection under the law even if the two are married.
Named after Shakespeare’s young lovers, “Romeo and Juliet” exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age.
In North Carolina, there is a Romeo and Juliet exemption for consensual sex between a minor of any age and someone who is no more than four years older than the minor.
If no answer is filed within 30 days after service, you will probably be granted a divorce by default. You may ask for the right to resume your maiden name in the divorce papers your lawyer files for you. Even if you do not ask for your maiden name back at the time of the divorce, you can file for resumption of your maiden name after the divorce is granted. The other ground, three years' incurable insanity, is almost never used.
If your spouse contests the divorce action by filing an answer denying one or more of the statements in your complaint, a hearing will be set during which the two of you can testify and the judge can decide what the truth is. Most divorces granted on separation grounds are uncontested.
Those who break the law have committed statutory rape.
Once you have filed the divorce complaint at the courthouse, your attorney will serve a copy of the summons and complaint on your spouse, by sheriff or by certified mail. In North Carolina, the only ground for divorce that is ever used is separation for over one year.
Indecent liberties between children includes sexual behavior between minors for the purpose of arousing or gratifying sexual desire, when the defendant is younger than 16 but five or more years older than the victim. State law requires, in addition to the applicable fines and prison time, that people convicted of certain sexual crimes (including certain instances of statutory rape) must register as sex offenders.
Taking indecent liberties with children includes sexual behavior between minors for the purpose of arousing or gratifying sexual desire, when the defendant is younger than 16 but three or more years older than the victim. Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as “Someone else committed this crime, ” or “The alleged conduct did not occur.” North Carolina has a marital exemption for statutory rape that allows consensual sex between a married minor and that minor’s adult spouse, even though their ages would prohibit it if they were not married.
If you are a victim of sexual assault or rape, contact Rape, Abuse & Incest National Network (RAINN) for online help and local resources.
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