A sexual assault or battery charge can encompass various criminal acts, including the touching of a person’s private parts, harassment, and penetrative sex. A criminal charge may occur when lack of consent is alleged by the prosecutor. Certain sex crime cases may be based on improper evidence, unsupported allegations, or exaggerations of what occurred.

An accomplished defense team may help reduce or dismiss the charges against you. If you are facing charges like this, a goal-oriented Irmo sexual assault lawyer could help you defend against them.

What is Sexual Battery?

Article 7 of South Carolina Code of Laws Title 16 does not define a sexual assault as a single offense but rather as a group of offenses. This category of sex offenses involves force or contact of a venereal nature that is without the consent of the other individual. While some sex crimes may still occur with some level of consent, assault crimes like this specifically require a lack of consent from the alleged victim.

While each level of the offense requires some type of force, the force need not be physically harmful. This could even be unwanted touching of a sexual nature. Conduct may be subject to different interpretations between the two people involved—such as if the defendant is under the impression that an act is consented to, but the alleged victim thinks otherwise—could ultimately lead to a criminal charge filed against the accused person. A steadfast Irmo attorney could help a defendant understand if they are being charged with a sexual assault or a different type of offense.

Forms of Sexual Assault

While most crimes of this nature are classified as criminal sexual conduct, certain types of crimes fall within the category of sexual battery. These include:

  • Rape
  • Statutory rape
  • Child molestation
  • Sexual battery
  • Spousal sexual battery

These types of offenses fall within the category of sexual assault and are punished based upon their degrees. An accomplished attorney in Irmo could help a defendant understand of which sex assault crime they are being accused.

Penalties in Sexual Assault Cases in Irmo

There are several penalties in place if the defendant is convicted, such as registering as a sex offender and prison time. The specific alleged conduct of the defendant could greatly alter what degree of offense their conviction will have, and ultimately, what penalties the convict faces. A knowledgeable sexual assault attorney in the area could help lower the degree in which the defendant is charged.

Sex Offender Registration

Many assault crimes like this require registration as a sex offender within the state and certain national databases. A convicted defendant subject to registration may be obligated to:

  • List their address and employment information
  • Notify law enforcement any time they move residencies
  • Perform periodic registration updates
  • Notify neighbors of their sex offender status
  • Background checks

These potential requirements, as well as many others, could accompany a sex offender registration. Failure to comply with these requirements can result in an additional criminal charge.

Penalties for Different Degrees of Sexual Battery

Criminal sexual assault encompasses many different crimes under state law. The degree of the offense greatly dictates the potential penalties a person may face in a conviction. A defendant may receive up to ten years in prison for a third-degree conviction, up to 20 years in prison for a second-degree conviction, and up to 30 years in prison for a first-degree conviction.

Speak to an Irmo Sexual Assault Attorney Today

Too many defendants doubt that they have a case because many claims of sexual battery are overcharged or false. With the aid of a skilled defense attorney, you may see your charges lessened or dismissed altogether.

Our legal team wants to make sure you receive fair treatment in your case to get you the best possible outcome. To defend your rights, contact an experienced Irmo sexual assault lawyer today.