Convicted rapist released from prison doesn’t have to register as sex offender
While North Carolina law says convicted rapists must register as sex offenders
By Kimberly King
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ASHEVILLE, North Carolina (WLOS) — Fifty-five-year-old Charles McCrary, a former Brevard High School school resource officer and convicted child rapist, is a free man after serving 16 years in jail — most recently at Craggy Correctional Center outside Weaverville.
While North Carolina law states convicted rapists must register as sex offenders, McCrary is part of a group exempted based on when the rape was committed.
“He was supposed to be protecting and serving,” said the young man, who was 14 when McCrary raped him in 2005. “He caused immeasurable damage to my family and to me.”
The young man, who spoke on the condition News 13 not show his face or use his name, was shocked at the turn of events.
“It was almost like an out-of-body experience,” he said of learning McCrary was released March 29. “I found out through social media, Facebook.”
He searched the state’s registry to see if McCrary was registered.
“No, there was nothing,” he said.
It turns out McCrary doesn’t have to register.
“In this situation, the date of offense is before they’re required to register,” said Thomas Amburgey, an Asheville defense attorney who reviewed state law. “So, even though he may have pled guilty, when the actual crime was committed, by statute, he doesn’t have to register as a sex offender.”
The law states a child rapist must register if he or she committed the crime on or after Dec. 1, 2006. Amburgey said, at the time McCrary committed the crime, the law did not require him to register.
“I’m saddened for those who were abused earlier than 2006 not to be counted,” said Lauren Wilke, executive director of Safelight, a victim’s advocacy nonprofit in Hendersonville.
She said the registry is critical for employee screenings and much more.
“That person is being limited from their access to hurt others,” Wilke said.
The survivor who spoke with News 13 said he wants his story told so everyone in Western North Carolina will know McCrary’s name and what he’s done, even though he doesn’t have to register as a sex offender.
“I want to make sure this doesn’t get swept under the rug. He should have to register. My fear is it could happen to someone else. Leopards don’t change their spots,” the man said.
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