Being accused of forcing sexual intercourse against another person could be life changing. If the state charged you with criminal sexual conduct, you may face serious consequences upon conviction including a prison sentence and sex offender registration for life.
Thankfully, you have the right to retain a hardworking sex crimes attorney and challenge the charges against you. In a situation as sensitive as rape, hiring a legal representative could help you protect your rights. An aggressive Charleston rape lawyer could help you navigate through legal proceedings, obtain evidence to support your case, and build a strong defense on your behalf.
How Does State Law Define Rape?
State law defines three degrees of criminal sexual conduct—the term used by state law instead of “rape.” All require a “sexual battery.” According to South Carolina Code of Laws §16-3-651(h), a sexual battery means oral or penetrative sex that is not performed for a legitimate medical purpose.
According to S.C. Code §16-3-654, a person commits criminal sexual conduct in the third degree if they engage in sexual battery through force or coercion without aggravating circumstances. Likewise, if a person knowingly engages in sexual activity with an individual unable to consent due to physical or mental incapacitation, a suspect may face third degree charges.
Criminal sexual conduct in the third-degree is a felony punishable by a 10-year maximum prison term and lifelong sex offender registry. Conversely, a person who commits second-degree criminal sexual conduct—which S.C. Code §16-4-653 defines as sexual battery accomplished through aggravated coercion—may receive a 20-year prison sentence and lifelong sex offender registry.
According to S.C. Code §16-3-652, anyone who performs sexual battery with aggravated force, subjects a targeted individual to physical or mental incapacitation, or engages in another felonious act like robbery or kidnapping has committed first-degree criminal sexual conduct. A first-degree conviction could result in a 30-year prison sentence and lifelong sex offender registry.
A skilled defense attorney in Charleston could explain the violations of sex crime statues and help an alleged defendant gather relevant evidence to fight against rape charges.
Charges for Sexual Misconduct with a Minor in Charleston
Sexual intercourse between someone less than 16 years of age may result in a defendant facing criminal charges for engaging in sexual activity with a minor. Like criminal sexual conduct with an adult, there are three degrees of offense involving minors. Under state law, a court will consider the age of the minor(s) involved, whether the defendant held a position of authority over the minor, and whether the offender has previously been convicted of any other sex offense or is required to register as a sex offender.
Maximum penalties for convictions of statutory rape range from a 15-year prison sentence to life behind bars. Statutory rape charges can be even more severe in situations where a person is charged with Criminal Sexual Conduct with a Minor, First Degree offense for a second time. A sexual misconduct lawyer in Charleston could explain how courts approach statutory rape charges in more detail during a confidential consultation.
Speak with a Charleston Rape Attorney About Legal Options
Rape allegations should be taken seriously. In some cases, a conviction for any variant of a sexual offense could result in up to a decade in prison. Guidance from seasoned legal representation could be essential to mitigating penalties and fighting sexual misconduct accusations.
A Charleston rape lawyer could explain your options and offer preliminary advice about possible defense strategies to protect your rights. Schedule a consultation by calling today.
