Is Force an Element of Forcible Rape?

Published for NC Criminal Law on October 10, 2023.

The answer would seem to be obvious.  A person is guilty of forcible rape if the person engages in vaginal intercourse with another person by force and against the will of the other person.  N.C.G.S. §§ 14-27.21 (first-degree); 14-27.22 (second-degree).  Our Supreme Court has, at least once, found insufficient evidence of “the element of force” ... Read more

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