South Carolina Sexual Battery Laws

Sexual Battery in South Carolina refers to sex crimes \typically covered by rape statutes, such as sexual assault. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. In South Carolina, sexual battery is codified in the law as rape. Rape is commonly known as the unlawful sexual penetration of another without consent. Sexual battery for purposes of this article is codified as criminal sexual conduct.

According to the laws of South Carolina;

• 1st Degree: engages in sexual battery with the victim and if any one or more of the following circumstances are proven:
  • (a) The actor uses aggravated force to accomplish sexual battery.
  • (b) The victim submits to sexual battery by the actor under circumstances where the victim is also the victim of forcible confinement, kidnapping, robbery, extortion, burglary, housebreaking, or any other similar offense or act.
  • (c) The actor causes the victim, without the victim's consent, to become mentally incapacitated or physically helpless by administering, distributing, dispensing, delivering, or causing to be administered, distributed, dispensed, or delivered a controlled substance, a controlled substance analogue, or any intoxicating substance
• 2nd Degree: actor uses aggravated coercion to accomplish sexual battery.
• 3rd Degree: the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:
  • (a) The actor uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances.
  • (b) The actor knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless and aggravated force or aggravated coercion was not used to accomplish sexual battery.

Penalties for Sexual Battery in South Carolina 

The penalty for sexual battery classified as sexual assault have the following sentencing guidelines:

• 1st degree: Felony, Maximum sentence of 30 years
• 2nd degree: Felony, Maximum sentence of 20 years
• 3rd degree: Felony, Maximum sentence of 10 years

Defense of a Sexual Battery in South Carolina 

The list of defenses for Sexual battery in South Carolina here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in South Carolina  

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.