State v. Lopez, ___ N.C. App. ___, 826 S.E.2d 498 (Mar. 19, 2019)

In this second-degree rape case, the trial court did not commit plain error by failing to instruct the jury that lack of consent was an element of rape of a physically helpless person. Because lack of consent is implied in law for this offense, the trial court was not required to instruct the jury that lack of consent was an essential element of the crime.

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