Legal Question in Criminal Law in North Carolina

Sexual Assualt w/ consent

Is it possible to be charged with sexual assault even if the alleged victim had given consent? There hasn't been a warrant issuarance but there are acusations. Should a person seek an attorney before a warrant is issued or wait to see how things pan out? The alledged victims story keeps changing an there are no signs of forced entry. Both parties were intoxicated.


Asked on 6/02/09, 4:26 pm

1 Answer from Attorneys
James Bullard James A. Bullard, Jr., P.C.

Re: Sexual Assualt w/ consent

It is definitely possible to be charged with rape or some other form of sexual assault even if the victim consented during the incident. Now if consent can be proven that is a defense to most sexual assault allegations. If an investigation is going on retaining or at least talking to an attorney is a good idea.

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Answered on 6/02/09, 4:32 pm


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