If a person alters another individual’s drink with a drug or medication without their knowledge, they have committed a serious crime. According to state criminal statutes, if a substance causes an individual to lose consciousness so that an alleged perpetrator may take advantage of that person sexually, the aggressor may have committed date rape.
If the state suspects that an individual used a substance to perform a forceful sexual act on someone under the influence, they will face charges for a sex crime. However, an aggressive rape attorney could help.
If you have been accused of violent sexual behavior, a Charleston date rape lawyer could investigate the details of the case and help you build a strong defense.
Potential Penalties for Date Rape in Charleston
Date rape charges fall within the statute of criminal sexual conduct in the third degree. According to South Carolina Code § 16-3-654, date rape, otherwise known as Criminal Sexual Conduct, Third Degree in South Carolina, is a felony and could result in a ten-year prison sentence. However, if aggravated circumstances are involved, a defendant could face criminal sexual conduct charges in the first degree and up to 30 years in prison. A conviction can also mean placement on the sex offender registry, steep fines, and the stigma of a sex crime conviction that follows a defendant for the rest of their life.
A skilled attorney in Charleston could answer questions about the date rape statute and possible charges that an alleged suspect might face.
How is Evidence Used in Date Rape Cases?
In any sex crime case, evidence preservation is crucial. A legal representative has the experience necessary to conduct a thorough case investigation and could collect evidence to help prove a person’s innocence. A legal professional could also find a sex crimes private investigator who could examine the evidence for bias and ensure that law enforcement conducted a fair investigation. He or she could also interview potential eyewitnesses, assist with serving subpoenas to gather cell phone information, and complete a comprehensive review of the areas the alleged victim and the defendant visited the night of the incident to check for surveillance video or other evidence that may aid in defending against a false allegation of date rape.
A skilled attorney in Charleston could review the details of a sex crime and help an alleged suspect gather the proper evidence needed to defend their case.
Defending Date Rape Charges in Charleston
State investigators build criminal date rape cases on the credibility of an alleged victim and defendant. In some cases, there is likely little to no physical evidence to support either party’s claim. To complicate matters further, both parties may have been intoxicated when the alleged crime occurred.
A potential defense in this type of case is consent to the sexual encounter. Similarly, a defense could be viable if the parties involved agreed to consume drugs together. If there are witnesses that can testify to the events of the evening or the defendant’s character, a legal team member may also use their testimony to a defendant’s advantage.
A seasoned local lawyer could work with a private investigator to interview witnesses and collect other information that could minimize the consequences of a sex crime conviction.
Reach Out to a Seasoned Date Rape Attorney in Charleston
If you face allegations of date rape, you should not attempt to face the charges alone. Even if you have not yet been charged with a crime, a hardworking attorney could help you avoid charges and defend your rights in court.
A legal team member could work to get the best outcome possible for your situation. Call an experienced Charleston date rape lawyer to review your case.
