Legal Question in Criminal Law in North Carolina

First Degree Rape

My step son has been arrested and charged with 2 counts of first degree rape and sexual assualt against my daughter. This occurred several times over a 5 year span. This started when she was 5 years old and he was 13 and continued until she was 10 years old and he was 18. She is now 14 yrs old and he is 22 years old. His last attempt was when she was 12 and he was 20 but nothing occured on this occassion. There was many occassions of ''fooling around'', several occassions of oral sex and two attempts at vaginal intercourse but this was painful for her so he stopped. She has been checked by a Doctor and her hymen is still intact. This case will be forwarded to the Grand Jury on Monday. I would like to know what type of punishment and sentencing he may receive. I believe they may plea and ask me (the dauther's mother) for consideration in the sentencing stage as part of the plea. I understand he has confessed but I do not know to what degree. Thank you for your imput since I would like to know what he is up against so I can make some decisions in what my daughter and I will accept as punishment. I look forward to hearing from you.


Asked on 7/02/03, 7:16 pm

1 Answer from Attorneys
Jim Griffin The Law Office of James L. Griffin

Re: First Degree Rape

If he is to be tried as an adult-first degree rape is a class B1 felony. Punishment range is 144-300 months on each count. THESE ARE SERIOUS CHARGES!! Did he make a full confession? Did he ask for a lawyer before making the confession? Your attorney should at least try to figure out if it's possible to keep the confession out. He should also be working on the ADA trying for a reduction of the charges. If he is convicted of a B1 felony, he is going away for a long-long time. Does he have retained counsel? I don't know where you are located but if you want to discuss this further or if you have unanswered questions, you can e-mail me directly at: [email protected]. At any rate, I wish you good luck.

Jim Griffin

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Answered on 7/04/03, 12:02 am


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