Under South Carolina state law, there is no criminal offense referred to as “sexual misconduct,” nor does the phrase appear in the Code of Laws. However, as a blanket term used to refer to sex-related criminal offenses, sexual misconduct can be relevant to accusations of alleged criminal sexual conduct or similar charges.

No matter what led to your situation, a Charleston sexual misconduct lawyer could help resolve it in the most proactive and comprehensive way possible. From interacting on your behalf with law enforcement to building a defense strategy tailored to your unique situation, the support of a dedicated sex crimes attorney could make a difference in your case outcome.

What are Criminal Charges for Sexual Misconduct?

Since there is no standardized definition of sexual misconduct, the criminal charges that someone accused of such behavior might face can vary. For example, criminal sexual conduct covers all forms of non-consensual activity, including both penetrative, referred to as sexual battery in South Carolina, and non-penetrative intercourse as well as penetration with an object or body part, which is still considered a sexual battery under South Carolina law. On the other hand, unwanted sexual contact, such as a touching, that might result in physical injury may be prosecuted as assault and battery.

Certain forms of sexual misconduct have specific criminal offenses and legal definitions attached to them, most notably sexual battery with a student. Under South Carolina Code of Laws §16-3-755, any person employed by or affiliated with a secondary school who has sexual relations with a student may face a misdemeanor or felony charge. However, charges for a sex crime involving a student may vary depending on an adult’s role within a school and a minor’s age.

Alternatively, sexual misconduct of a non-physical nature—for example, unlawful possession of child pornography—may result in charges of sexual exploitation of a minor. A seasoned attorney in Charleston could go into more detail about what specific state statutes might apply to a case and what sanctions might follow a conviction.

How to Contest Sexual Misconduct Accusations

With few exceptions, criminal charges related to sexual misconduct are usually considered felonies in South Carolina. Sexual misconduct is often punishable by decades of imprisonment and costly fines. However, it is not impossible to fight back against these charges in court, especially with help from a local legal representative in Charleston.

Depending on the situation, a legal team member’s defense strategy might focus on challenging witness testimonies or statements made by an alleged victim. Defense counsel may also build a case based on evidence obtained in unlawful ways or by establishing that a defendant did not commit a particular offense as defined by state law.  Consent is also a valid defense for circumstances that do not involve a minor.  In any situation, retaining legal counsel is often vital to building the most effective defense possible. A knowledgeable lawyer could gather evidence related to a charge and work to build a strong case for a person accused of a sexual misconduct crime in Charleston.

Talk to a Charleston Sexual Misconduct Attorney Today

In recent years, sexual misconduct crimes have received more focus from lawmakers, law enforcement authorities, and the public. If you face criminal charges of alleged sexual misconduct, skilled legal representation may be all that stands between you and a life-altering court verdict.

A Charleston sexual misconduct lawyer could provide you with details about your options and build a defense to protect your legal rights. Call today to schedule a consultation and get started on your case.