Wilmington Sexual Assault Lawyer

Wilmington, NC Sexual Assault Attorney

Wilmington is the largest coastal city and a thriving cultural center in North Carolina. With a charming blend of historic neighborhoods, the scenic Riverwalk, and the vibrant waterfront concert nightlife, there is always something to do. Living in such an ideal location can be shattered by a simple sexual assault allegation. If you’re facing sexual assault charges, you need an experienced Wilmington sexual assault lawyer reviewing your case.

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The Shotwell Law Group PLLC

If you’ve been accused of sexual assault, the consequences can be life-altering. Allegations of sexual assault can permanently alter your reputation. You need a Wilmington sexual assault attorney looking out for your interests. With over 30 years of combined experience, our team at The Shotwell Law Group PLLC is ready to fight for your freedom. As experienced criminal defense lawyers, we provide aggressive legal services backed by our knowledgeable team.

What Is Considered Sexual Assault?

Under North Carolina Statutes, sexual assault occurs when a sexual act is committed against a person without their consent or against someone unable to provide consent. The sexual acts may involve:

• Cunnilingus
• Fellatio
• Anilingus
• Anal intercourse

Sexual contact may include touching the other person’s sexual organs, touching another person with your sexual organs, or placing your bodily fluids on another person. Touching includes any touching performed over the clothing of the victim or the perpetrator.

In the United States, sexual assault and rape are serious crimes that impact both men and women. According to the National Sexual Violence Resource Center, in their lifetime, one in five women and one in 71 men are raped. Additionally, at some point during their lifetimes, sexual violence other than rape is experienced by:

• 4% of lesbians
• 9% of bisexual women
• 3% of heterosexual women
• 2% of gay men
• 4% of bisexual men
• 8% of heterosexual men

What Should You Do if You’re Accused of Sexual Assault

Sexual assault charges are very serious and can have lasting consequences regardless of the outcome of the case. If you are accused of sexual assault in Wilmington, there are steps you should take to protect yourself and help your case. These steps include:

• Know your rights. You have the right to remain silent, and you should exercise that right until a sexual assault attorney advises you otherwise. All communication you have with your attorney is privileged and confidential. You should be honest and provide as much detail as possible about the situation. Don’t agree to speak to anyone without your attorney present.
• Gather potential evidence. Save any communications you had with the alleged victim and anything that creates a timeline leading up to and after the alleged sexual assault. Receipts from businesses you visited, social media posts by you, the alleged victim, or by friends, and any photos can be used to prove your version of events.
• Write down what you remember. Creating a timeline of events while the information is still fresh can help you, as some cases may take a long time before being seen by a judge. Having a timeline of events written when the information is still fresh can be beneficial. Photograph any injuries you have that may substantiate claims of self-defense.
• Be conscious of your actions. If you have a no-contact order, please follow it exactly. If not, stop any communication with the alleged victim. Anything you do after the fact can be construed against you later. If drugs or alcohol played a part in the accusation, enrolling in counseling or treatment can help lessen possible penalties if you are convicted.

FAQs About Wilmington, NC Sexual Assault Laws

How Much Does a Sexual Assault Lawyer Charge in North Carolina?

How much a sexual assault lawyer charges in North Carolina varies depending on the circumstances of the sexual assault case. When you hire a sexual assault lawyer, you may be required to provide a retainer fee upfront before any work is completed on your case. Some attorneys charge a flat fee for representation, while others charge based on an hourly rate. You can discuss payment arrangements during your initial consultation.

What Is the Loophole in the North Carolina Consent Law?

A loophole in North Carolina consent law was based on a 1979 State Supreme Court decision, known as the “right to finish,” stating that once consent was provided, it could not be revoked. In 2019, Senate Bill 199 effectively closed this loophole by making it illegal to continue any sexual act after the other party has withdrawn consent.

What Qualifies as Sexual Assault in North Carolina?

Numerous offenses in North Carolina are considered sexual assault. As defined by North Carolina Statutes, these include:

• First-degree forcible rape
• Second-degree forcible rape
• First-degree statutory rape
• First-degree forcible sexual offense
• Second-degree forcible sexual offense
• First-degree statutory sexual offense

In general, sexual assault involves any degree of unwanted attention, touching, or any act forcibly committed without consent.

Is Sexual Assault a Criminal or Civil Crime in North Carolina?

Sexual assault charges can be brought in both criminal and civil court in North Carolina. In criminal court, the state brings charges against the accused to punish them for the crime committed if convicted. In civil court, the victim of the crime can seek monetary compensation. The accused does not have to be found guilty in a criminal court to be found guilty in a civil court. The standard of proof is lower in a civil case.

What Legislation Has Changed Sexual Assault Laws in North Carolina?

Sexual assault laws have changed over the years. In 2019, the Standing Up for Rape Victims Act, or Survivor Act, was a new legislation proposal that provided funding for mandatory sexual assault kit testing throughout the state to eliminate the backlog of kits. Also in 2019, the SAFE Child Act extended protections for child victims of sexual abuse and extended the statute of limitations for victims of childhood abuse.

When You Need to Hire a Sexual Assault Lawyer

Sexual assault charges are serious and need a quick response. Don’t take any chances when it comes to your freedom and future reputation. Contact The Shotwell Law Group PLLC today for a confidential consultation. Our knowledgeable team of trial attorneys is ready to represent you.