Accusations of harassment or stalking against another person for sexual purposes can be particularly difficult to defend considering the sensitive nature of these crimes. However, anyone criminally charged with sexually harassing another person has the right to retain counsel and defend themselves in a South Carolina court.
If you face allegations that comments or actions of a sexual nature caused a person enough distress to warrant criminal prosecution, a Charleston sexual harassment lawyer could help you. The appropriate defense for harassment can vary depending on the circumstances, but support from a sex crimes attorney with a track record of achieving positive outcomes could be vital to your case.
Criminal Harassment Charges in Charleston
According to South Carolina Code of Laws §16-3-1700, there are two degrees that criminal harassment may fall under, one of which is a misdemeanor and the other a felony. Harassment in the second degree—the less severe of the two offenses—occurs when someone causes another person to experience “mental or emotional distress” by repeatedly engaging in “intentional, substantial, and unreasonable intrusion” in their private life, whether written, electronic, or verbal.
First-degree harassment occurs when someone engages in, for example, any of the following behaviors while committing second-degree harassment:
- Continued visual or physical contact with the targeted person even after that person notified the perpetrator orally or in writing that said contact was unwanted or filed a police report
- Physically following the targeted person
- Damaging or vandalizing the targeted person’s property
- Surveilling or maintaining a presence near the targeted person’s workplace, private residence, school, or any other location they commonly visit or occupy
For both degrees of harassment, behavior that would have caused another person in the same position to be distressed can serve as grounds for criminal prosecution. In addition, enhanced sanctions may be imposed against any person convicted of more than one harassment offense within a 10-year period. An experienced attorney in Charleston could further explain the charges of sexual harassment and help minimize the severity of the criminal consequences.
When Does Sexual Harassment Become Stalking?
Any pattern of communication or conduct without a legitimate purpose that is intended to cause and does cause a person to fear criminal sexual contact, property damage, or any other physical harm to themselves or a family member constitutes criminal stalking. Stalking of a sexual nature or for any other reason is a felony punishable after a first conviction by a maximum five years in prison plus a $5,000 fine.
As with harassment charges, repeated convictions for stalking within 10 years carry even harsher sanctions. For example, an alleged defendant may receive up to a 15-year prison sentence and a maximum $10,000 fine. The assistance of a knowledgeable lawyer could be especially important to effectively fighting sexual harassment charges in Charleston.
Consider Working with a Charleston Sexual Harassment Attorney
In addition to life-changing consequences, sexual harassment can have severe criminal repercussions as well. Dealing with harassment or stalking allegations can be difficult. Likewise, anyone who tries to fight their case without assistance from legal counsel may have trouble winning a positive case outcome.
Fortunately, a Charleston sexual harassment lawyer could help you protect your rights. Call today to set up a meeting and get started on your case.
