As written, the law only to applies to "vaginal intercourse," and therefore presumably only to heterosexual sexual acts.
However, differentiating between homosexual and heterosexual conduct is decidedly unconstitutional. Thus, it can be assumed that the same rules apply to same-sex couples as they do to opposite sex couples.go site
Statutory Rape and Statutory Sexual Offenses in NC
This is particularly the case in a state with such broad close-in-age provisions. Having sex with a minor in violation of age of consent laws is considered a strict liability offense, so it does not matter if someone had a good-faith, mistaken belief , or even if they were lied to.
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If you believe you have violated North Carolina's age of consent law, you should speak to a criminal defense lawyer immediately. Prosecution for these sort of crimes carries very serious criminal and civil penalties. A North Carolina criminal defense attorney can help you understand the law, explain your rights, and represent you in the event of prosecution.
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Ages of consent in North America
Link to this page: For statutory sex offenses, consent is not a defense. The older party may still be charged even if the younger party agreed or consented to the sexual activity.
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In this context, it is enough that a person had sex with the underage party to violate the statute. This is true regardless of whether the person intended to have sex with an underage person, or even believed they were having sex with a person of a legal age. It can be difficult to determine whether a sexual act is a statutory offense.
If a criminal case is pursued, the district attorney handling the case can tell you which charges are appropriate.