According to South Carolina state law, the term “sexual battery” can refer to several different crimes depending on the circumstances. Strategies for contesting accusations of sexual battery may vary based on whether you have been convicted of any sex-related criminal offense in the past.
A Charleston sexual battery lawyer who has experience handling cases of this nature could help you achieve a positive resolution to your situation. Throughout legal proceedings, a dedicated sex crimes attorney could advocate for your rights and help build a comprehensive defense against the prosecution.
Sexual Battery and Criminal Sexual Conduct
The most common context in which “sexual battery” is relevant to South Carolina criminal cases is as a component of “criminal sexual conduct.” The Code of Laws uses the term sexual conduct to refer to assault and rape. All degrees of criminal sexual conduct involve a form of sexual battery, which South Carolina Code of Laws §16-3-651(h) defines as any form of unlawful sexual activity performed without any legitimate medical purpose.
In addition to fellatio, cunnilingus, and penetrative vaginal or anal intercourse, sexual battery also includes “any intrusion, however slight” of any body part or object into another person’s genitals or anus. Under the definition of unlawful activity, sexual battery can entail sexual actions that do not involve the perpetrator’s sexual organs. A seasoned attorney in Charleston could provide further clarification about how courts typically interpret the definition of sexual battery and how that might impact a person’s case.
Sexual Battery Charges in Charleston
Some criminal offenses in South Carolina require a sexual battery in a much more general sense of the word. For example, according to S.C. Code §16-3-600, any person who attempts to injure another person through an act of assault that involves non-consensual touching of the targeted person’s genitals “with lewd and lascivious intent” has committed second-degree assault and battery. While this offense can consist of unlawfully touching another person’s sexual organs or private parts of their body, it is not a “sexual battery” as defined elsewhere under South Carolina law. A touching is not a sexual battery. An experienced criminal lawyer can help analyze the allegation(s) and other evidence in the case to see if there is a viable defense to the claim that a sexual battery occurred. This could be the difference between an acquittal and a conviction in a case, so it is important to hire the right attorney who knows the nuanced difference between many of these criminal offenses in South Carolina where there is overlap of these terms.
Additionally, S.C. Code §16-3-615 defines “spousal sexual battery” as someone using or threatening aggravated force or violence to commit sexual battery against their cohabitating spouse. This offense may result in a maximum prison sentence of ten years.
Finally, “sexual battery with a student” as defined by S.C. Code §16-3-755 involves sexual battery committed without force or coercion against a student by someone affiliated with a public or private secondary school. Sexual battery against a student can be prosecuted as a misdemeanor or a felony based on whether the student involved is over or under the age of 18. Charges for this offense may also vary depending on whether the defendant had direct supervisory authority over the student. A skilled lawyer in Charleston could explain the charges of a sexual battery offense and help a person seek a reduced sentence.
Seek Help from a Charleston Sexual Battery Attorney
Regardless of the context or circumstances, allegations of unlawful sexual battery can lead to life-altering criminal consequences, including placement on the sex offender registry. A charge of this nature will also likely affect your personal life. Without support from a legal professional with experience contesting charges like this, it may be difficult to achieve a positive case result.
A Charleston sexual battery lawyer could provide the guidance you need to defend your legal rights. Call today to schedule a consultation.
