Statutory rape is a criminal offense, even if the intercourse is consensual. It is unlawful for an adult to have sexual intercourse with a minor under 16 in this state. Depending on the victim’s age, a person under 17 could also face statutory rape charges.
If a criminal court finds you guilty of breaking a sex crime law, you will likely receive a felony on your criminal record. However, if you need help after an arrest, contact a seasoned Charleston statutory rape lawyer. A dedicated rape attorney could help you navigate legal proceedings and defend your rights.
Statutory Rape Statutes and Penalties in Charleston
The state prosecutes statutory rape charges as criminal sexual conduct with a minor. However, the severity of a charge will depend on the minor’s age and the circumstances of the case.
Statutory Rape in the First-Degree
A person faces criminal sexual conduct with a minor in the first degree when a minor is under 11. According to South Carolina Code § 16-3-655, a person guilty of a criminal sexual conduct with a minor, first degree charge faces 25 years up to life in prison without the possibility of parole. A person convicted of this offense faces lifelong sex offender registry and lifetime GPS monitoring under Jessie’s Law.
Any individual with a prior sex conviction or who is required to register in any state as a sex offender that is facing charges for statutory rape with a minor under 16 will be charged with criminal sexual conduct with a minor in the first-degree and could face up to life in prison if convicted.
Statutory Rape in the Second-Degree
A person facing criminal sexual conduct charges with a minor between the ages of 11 and 14 faces a second-degree conviction, which is punishable by up to 20 years in prison. An individual can face these charges even if the minor consents to the sexual intercourse. A conviction for this offense requires Sex Offender registry for life in South Carolina.
Statutory Rape in the Third-Degree
Lewd act means to commit acts or sexual contact the defendant intends to arouse or gratify both parties involved. A person could face criminal charges if they attempt to commit lewd acts on a minor younger than 16 years old. Penalties for a third-degree statutory rape charge could include a felony conviction on a defendant’s record and up to fifteen years in prison. A conviction under this statute also requires lifelong sex offender registration and lifetime GPS monitoring under Jessie’s Law.
A knowledgeable attorney in Charleston could help an alleged defendant understand potential statutory rape charges they might face if convicted.
Romeo and Juliet Laws
The Romeo and Juliet laws ensure that criminal sexual conduct does not criminalize two individuals engaging in sex who are close in age.
The age of consent is 16 in this state. However, the Romeo and Juliet laws are in place so that if a 14-year-old has a relationship with someone who is less than 18 years of age or less, the older individual does not face criminal prosecution for sex crime charges.
A local lawyer could explain the Romeo and Juliet laws in Charleston and determine if they could apply to a specific statutory rape case.
Call a Diligent Statutory Rape Attorney in Charleston
If you face statutory rape charges, seek help from an experienced legal professional as soon as possible. If you need help fighting these severe charges, a Charleston statutory rape lawyer could build a strong case on your behalf to ensure your rights are protected.
Call soon to begin strategizing your best defense. The more time you have to collect evidence and prepare, the better your chances of a positive outcome. Call today to have a hardworking legal team member review your case.
