One recurring question I get asked is this: If the Defendant engages in two sex acts in one continuous transaction, how many assaults have occurred? When the acts are vaginal intercourse and the charge is rape, each separate act of vaginal intercourse that constitutes rape is a separate, punishable offense. State v. Dudley, 319 N.C. 656, 658-59 (1987); State v. Key, 180 N.C. App. 286 (2006); State v. Owen, 133 N.C. App. 543 (1999); State v. Midyette, 87 N.C. App. 199 (1987); State v. Small, 31 N.C. App. 556 (1976). Thus, a defendant properly was convicted of two counts of rape when he penetrated the victim on a couch, withdrew, and penetrated her again on the floor. State v. Sapp, 190 N.C. App. 698, 703-05 (2008). A variation of this occurs when Defendant A rapes the victim, aided and abetted by Defendant B, who then rapes the victim, aided and abetted by A. In this instance, the evidence supports two rape charges against each defendant. State v. Whitfield, 310 N.C. 608 (1984). The rules for acts that constitute sexual offenses are the same. In cases of sexual offense, each unlawful sexual act committed by a defendant against a single victim during a continuous transaction constitutes a separate crime for which the defendant may be separately charged and convicted. State v. Dudley, 319 N.C. 656, 659 (1987); State v. Cortes-Serrano, 195 N.C. App. 644, 653-54 (2009); State v. Midyette, 87 N.C. App. 199 (1987). For example, if a defendant engaged in cunnilingus [...]
Faculty Coordinators
