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Can a complaint be filed for raping a disabled person?

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?

Category: Criminal
Subcategory: Statutory Rape
Date: 04/07/2025
State: North Carolina

Answer:

In North Carolina, rape is a form of sexually battery performed against someone who is unable or unwilling to give consent. Thus rape can take the form of a violent act that is obtained by coercion or by taking advantage.

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.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What should I do if I suspect my disabled family member has been raped?

If you suspect that your disabled family member has been raped, it is crucial to take immediate action. First, ensure their safety and well-being. Then, report the incident to the local authorities or law enforcement. They can guide you through the process of filing a complaint. Additionally, consider seeking medical attention for your family member to address any physical or emotional needs. It's also advisable to consult with a legal professional who can provide guidance on the next steps and help navigate the legal process.

What are the legal rights of disabled individuals in cases of sexual assault?

Disabled individuals have the same legal rights as anyone else when it comes to sexual assault. They are entitled to protection under the law, which recognizes that they may be unable to give consent due to their condition. In North Carolina, for example, the law specifically addresses sexual acts against those who are mentally or physically unable to consent (N.C. Gen. Stat. § 14-27.22). It is important for victims to know their rights and seek legal assistance to ensure they receive the support and justice they deserve.

How can I support a victim of sexual assault?

Supporting a victim of sexual assault involves being there for them emotionally and practically. Listen to them without judgment and validate their feelings. Encourage them to seek medical attention and consider reporting the incident to the authorities. It may also be helpful to connect them with support services, such as counseling or advocacy groups, that specialize in assisting sexual assault survivors. Respect their choices and provide a safe space for them to heal.

What is the statute of limitations for filing a rape complaint in North Carolina?

In North Carolina, the statute of limitations for filing a rape complaint varies depending on the circumstances. Generally, there is no statute of limitations for felony sexual offenses, including rape. This means that victims can file a complaint at any time. However, it is advisable to report the incident as soon as possible to ensure evidence is preserved and to facilitate the investigation. Always consult with a legal professional for specific guidance regarding your situation.