Being accused of sexually abusing a minor can be a difficult allegation to fight. Often, individuals accused of this kind of behavior are in the public eye. Additionally, South Carolina state law does not define “sexual abuse” as a distinct criminal offense. Instead, courts can approach sexual abuse cases in different ways, potentially leading to varied results.

Assistance from a knowledgeable sex crimes attorney may be crucial to handling allegations proactively. An experienced Charleston sexual abuse lawyer could fight on your behalf and help you resolve your case with minimal long-term impacts to your personal and professional life.

What is Sexual Abuse?

Anyone could be targeted by sexual abuse. In fact, any non-consensual sexual contact, intercourse, or interaction may fall into the category of abusive behavior. However, according to law enforcement authorities and prosecutors in South Carolina, sexual abuse refers to unlawful sexual conduct by an adult against a minor in their care.

Sexual abuse can take many forms and it is not always prosecuted to the same extent as other sex crimes. For example, someone who engages in sexual conduct alone or consensually with another adult while knowingly in the presence of a minor may face charges of “exhibiting harmful performance to minor.” Under South Carolina Code of Laws §16-15-385, a sexual abuse felony conviction of this degree carries maximum sentence of 10 years in prison plus a $5,000 fine.

Conversely, S.C. Code §16-3-655, states that anyone who directly engages in inappropriate contact or intercourse with a child, regardless of violence or force, has committed criminal sexual conduct with a minor. A third-degree sexual abuse offense may be punishable by 15 years of imprisonment to life in prison. All convictions for sexual abuse of a child carry lifelong sex offender registry requirements.

In some cases, a judge may sentence a person convicted of a first-degree offense more than once to the death penalty. A skilled attorney in Charleston could explain the charges of sexual molestation to an alleged defendant, fashion a defense if there is one, or mitigate the situation and help reduce their criminal penalties.

Sex Offender Registration Requirements in Charleston

Another common repercussion of a criminal offense related to sexual abuse is mandatory registration as a sex offender. Any person who receives a conviction or pleads guilty to a sex offense listed in S.C. Code §23-3-430(C) must register with the state as a sex offender and be subject several restrictions on their rights. For example, they may be required to avoid school zones, even if they have children of their own.

In South Carolina, there are options for those convicted to petition a court to remove their name from the sex offender registry after a 2021 state Supreme Court ruling that held the absence of a petitioning process is unconstitutional. This is a very new development in the law in South Carolina.  A seasoned lawyer in Charleston could help you navigate this petition for removal process in order to put yourself in the best possible position for a successful result.

Discuss Your Legal Options with a Charleston Sexual Abuse Attorney

Dealing with criminal charges related to alleged sexual abuse can be challenging and facing a judge or jury could complicate matters further. However, support from knowledgeable legal counsel could ensure the protection of your rights and reduce the severity of your charges.

A conversation with a Charleston sexual abuse lawyer could put you on track towards achieving a positive case result. Call today to schedule a confidential meeting and find out how a knowledgeable attorney could help you fight your charges.