North Carolina § 14-27 - 22. Second-degree forcible rape.

§ 14-27. 22. Second-degree forcible rape.

A person is guilty of second-degree forcible rape if the person engages in vaginal intercourse with another person: By force and against the will of the other person; or Who has a mental disability or who is mentally incapacitated or physically helpless, and the person performing the act knows or should reasonably know the other person has a mental disability or is mentally incapacitated or physically helpless. Any person who commits the offense defined in this section is guilty of a Class C felony. Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child conceived during the commission of the rape, nor does the person have any rights related to the child under Chapter 48 of the General Statutes or Subchapter I of Chapter 7B of the General Statutes. History (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 5; 1981, cc. 63, 179; 1993, c. 539, s. 1130; 1994, Ex. Sess., c. 24, s. 14(c); 2002-159, s. 2(b); 2004-128, s. 8; 2015-181, s. 4(a), (b); 2018-47, s. 4(b).) Cross References. - As to privileged nature of communications with agents of rape crisis centers and domestic violence programs, see G.S. 8-53.12 . As to essentials of bill of indictment for rape, see G.S. 15-144.1 . As to venue of trial of sex offenses where victim was transported, see G.S. 15A-136 . As to office of coordinator of services for victims of sexual assault, see G.S. 143B-394.1 et seq. Editor's Note. - This section was formerly codified as G.S. 14-27.3 . It was recodified as G.S. 14-27.22 by Session Laws 2015-181, s. 4(a), effective December 1, 2015. Session Laws 2015-181, s. 48, made the recodification and amendment of this section by Session Laws 2015-181, s. 4(a), (b), effective December 1, 2015, and applicable to offenses committed on or after that date, and further provided that: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2018-47, s. 15, provides: "This act does not affect the coverage, eligibility, rights, responsibilities, or provision of State or federal services or benefits for individuals who have been diagnosed with mental retardation and whose diagnosis has not been changed to a diagnosis of intellectual disability." Session Laws 2018-47, s. 16, made the amendment of this section by Session Laws 2018-47, s. 4(b), effective December 1, 2018, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2004-128, s. 8, effective December 1, 2004, and applicable to offenses committed on or after that date, added subsection (c). Session Laws 2015-181, s. 4(b), effective December 1, 2015, inserted "forcible" in the section heading and substituted "second degree forcible rape" for "rape in the second-degree" in subsection (a). For applicability, see editor's note. Session Laws 2018-47, s. 4(b), rewrote subdivision (a)(2); and in subsection (c), substituted "does" for "shall" and "Subchapter I" for "Subchapter 1," and added "of the General Statutes" following "Chapter 48." For effective date and applicability, see editor's note. Legal Periodicals. - For survey of 1979 criminal law, see 58 N.C.L. Rev. 1350 (1980). For comment, "The Use of Rape Trauma Syndrome as Evidence in a Rape Trial: Valid or Invalid?", see 21 Wake Forest L. Rev. 93 (1985). For note discussing whether sex with a sleeping woman meets the requirements of force and lack of consent, see 65 N.C.L. Rev. 1246 (1987). For note entitled, "Michigan v. Lucas: Failure to Define the State Interest in Rape Shield Legislation," see 70 N.C.L. Rev. 1592 (1992). For survey on constructive force as an element of second-degree rape, see 70 N.C.L. Rev. 2027 (1992). For note, "Serious Personal Injury Requirement for Rape Is Met by Mental Injury Alone - State v. Baker," see 21 N.C. Cent. L.J. 368 (1995).