Being accused of a sex crime can feel overwhelming, especially when your future, your reputation, and your personal relationships may all be at risk. Speaking with a lawyer early in the process may help you better understand what lies ahead and how to respond. Even before formal charges are filed, an experienced attorney could step in to protect your rights and help you avoid common missteps that might affect your case.
At Adams & Bischoff, LLC, we recognize that no two cases are alike. We take the time to listen, evaluate the facts, and develop a thoughtful approach tailored to your situation. When you are facing serious allegations, having a knowledgeable legal team in your corner may make a meaningful difference as your case moves forward.
If you are concerned about sexual assault charges, you need to understand what penalties you face and how you may be able to defend yourself. A Charleston sexual assault lawyer may be able to provide invaluable advice and help as you decide what course of action is best. Reach out to a dedicated sex crimes attorney today.
Sexual Assault in Charleston
Sexual assault occurs when one person forcefully threatens or engages in sexual activity with another person without their consent. Examples of sexual assault include:
- Rape
- Sexual harassment
- Unwanted touching
- Child molestation
Prosecutors and judges will treat any attempt to commit any of the above offenses as if the act were completed.
In many cases, the issue of consent becomes a focal point. Situations involving alcohol, prior relationships, or conflicting recollections may complicate how events are interpreted by law enforcement and the courts. Because of this, even a single allegation can quickly escalate into a serious legal matter.
Investigators often rely on more than just statements. Text messages, social media activity, surveillance footage, and medical reports may all be reviewed. A sexual assault defense attorney in Charleston may carefully analyze these materials to identify inconsistencies or weaknesses that could impact the prosecution’s case. Taking a measured and informed approach early on may help preserve important evidence that could not be recovered otherwise. Strategic awareness that time is of the essence in these cases is vital.
Sexual Battery
Sexual battery means a person forced another person to do any of the following:
- Intercourse
- Cunnilingus
- Fellatio
- Sexual penetration
Allegations of sexual battery typically involve claims of force, coercion, or an inability to consent. These cases are often highly fact-specific, and small details may carry significant weight. For example, timing, witness accounts, and physical evidence may all be examined closely.
At Adams & Bischoff, LLC, we look beyond the surface of the allegations. In certain cases, we may retain medical experts, forensic crime scene investigators, cell phone forensic experts, and in some cases forensic psychologists/psychiatrists to assist us via a Letter of Engagement so that attorney-client privilege applies to those communications. This allows us to explore technical or scientific issues while protecting the confidentiality of our strategy. These experts can often make the difference in a sexual assault case.
What Constitutes Spousal Sexual Battery?
If a person commits sexual battery on their spouse through the use or threat of use of a weapon or physical force, that is a felony. The punishment for spousal sexual battery is up to ten years in prison, as described in South Carolina Code §16-3-615. The spouse must report the crime within 30 days of its occurrence.
Cases involving spouses often present unique challenges. Unlike other situations, there may be an established relationship history that both sides interpret differently. Courts may consider communications, prior conduct, and any available corroborating evidence when evaluating these claims.
Because of the personal nature of these allegations, it is especially important to approach the case with care and precision. A Charleston sexual assault defense attorney may work to ensure that your side of the story is fully considered while also protecting your legal rights throughout the process.
Sexual Conduct in the First Degree
If a person commits some act of sexual battery along with aggravated force, kidnapping, trafficking, housebreaking, or another other crime, that is first-degree sexual conduct, as noted in S.C. Code §16-3-652. The court may sentence the actor to up to 30 years in prison.
Sexual Conduct in the Second Degree
If a person uses threats to overcome another person’s will and commit sexual battery, that is second-degree sexual conduct, as found in S.C. Code §16-3-653. The court may sentence the actor to 20 years in jail.
Sexual Conduct in the Third Degree
If a person uses non-aggravating force or coercion, or the actor knows that the victim is mentally disabled or mentally or physically incapacitated, that is third-degree sexual conduct. The punishment may carry a penalty of up to ten years of incarceration.
What Defines Statutory Rape?
If a person engages in sexual activities with a minor under 11 years old, that is criminal sexual conduct with a minor in the first degree. A second-degree act may involve a minor who is over 11 years old or a minor under the actor’s custodial care. Having sex with a minor over 14 years old is a third-degree act. The punishments for statutory rape can range from 15 years to life in prison, or less at the judge’s discretion. Therefore, defendants should contact a sexual assault lawyer in Charleston right away to begin building a defense.
What Should You Do If You Are Accused of Sexual Assault?
Taking the right steps early may have a meaningful impact on your case. If you are under investigation or have been charged, you may want to consider:
- Avoiding discussions about the case with anyone other than your attorney
- Refraining from posting on social media about the situation
- Documenting any information or communications that may be relevant
- Seeking legal guidance before speaking with law enforcement
These actions may help protect your rights while your sexual assault defense attorney in Charleston works to assess the circumstances and build a defense strategy.
Schedule an Appointment with a Charleston Sexual Assault Attorney
A sexual offense conviction may have dramatic effects on your future, your reputation, and your social freedom. Even if you do not serve jail time, the law may prohibit you from living near schools or holding specific jobs. Reach out to a Charleston sexual assault lawyer to learn more about what you can do and what rights and defenses you may be able to assert.
When your future is uncertain, having the guidance of a Charleston sexual assault lawyer may help you make informed decisions about your next steps. At Adams & Bischoff, LLC, we take a steady and strategic approach to criminal defense, working to protect your rights and carefully examining every aspect of your case. If you are facing allegations in Charleston, consider reaching out to our team to discuss your situation and explore your options. We offer free case consultations.