I just have a quick question about how exactly statutory rape works in the state of North Carolina. More specifically, Cumberland County. Let's say that there is a teacher who is having an affair with a student. The teacher is 27 years old and the student only 16. I know that the age of consent is 16 but that is an 11 year difference. Also, since the teacher is having an affair, would that be a breach of ethics for them to be together? Or is it statutory rape? Also if it is rape, then who would press the charges? Just anyone or does it have to be a parent or guardian?
First of all, I'd advise you to stop posting so many details online and contact an attorney directly. Secondly, it is absolutely a violation of ethics for any teacher to have a relationship with a student. While this is not statutory rape, this is a violation of NCGS 14-27.32, which makes it either a Class G or I felony, depending on the circumstances. It would be the state bringing charges. Good luck - it sounds like you might need it.
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You are correct, the age of consent in NC is 16, so the difference in age between the parties is not a legal issue. However, there is a separate crime relating to sexual relations between teachers and students, so this situation could still result in felony charges if it came to the attention of law enforcement.
No answer to these questions is intended to, nor does it, create an attorney-client relationship. There is no substitute for an actual conversation with a licensed attorney about the particular facts and circumstances of your case.
The other two lawyers who have answered you hit the nail on the head. Sexual contact between a teacher and student is a serious felony. Having handled many of these cases, it is my impression that many of them come to light because teenagers keep no secrets from their friends. If this relationship has already progressed, I would advise that teacher to find a lawyer now and be ready in the event that law enforcement comes calling. - Tony Scheer.
Anyone can report it to law enforcement. All you have to do is give them a call and ask to talk to a detective that handles sex crimes. Best of luck!
The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in short questions. Without a full consultation with an attorney, you should not rely upon any information presented in this forum. The intricate facts of every case are different. The information provided is not legal advice and should not be the basis of any decision without the actual guidance of an attorney. Further, any information provided by Attorney Matthew V. Silva should not be perceived as a willingness to represent you or actual representation.
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