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Even if you have never been convicted of or even charged with a criminal offense in the past, a single allegation of criminal sexual misconduct could change the course of your life in an instant. A conviction could leave you facing steep fines, years of prison time, and mandatory sex offender registration. Even the accusation by itself could have severe personal and professional repercussions.
Put simply, this type of charge is not one you should try handling on your own, or without help from a qualified private defense attorney. Fortunately, you have assistance available from a seasoned South Carolina sex crimes lawyer who has handled cases like yours effectively in the past and could work diligently to protect your rights throughout your legal proceedings.
In South Carolina, someone commits sexual battery if they engage in sexual intercourse, oral sex, or any sexual penetration with another person without that person’s consent. That said, state law does not treat sexual battery as a distinct criminal offense but instead establishes three degrees of criminal sexual conduct, which are differentiated by the presence of specific aggravating factors during an act of sexual battery.
As per South Carolina Code of Laws §16-3-654, someone commits criminal sexual conduct in the third degree if they commit sexual battery by using force or coercion without any other aggravating circumstances or by targeting someone they know to be physically or mentally incapacitated. This is a felony offense carrying a maximum ten-year prison term.
The use of aggravated coercion to commit sexual battery upgrades the offense to second-degree criminal sexual conduct, which SC Code §16-3-653 defines as a felony carrying a 20-year maximum sentence upon conviction.
Finally, under SC Code §16-3-652, sexual battery committed using aggravated force during the commission of another felony offense or by administering an intoxicating drug to the targeted person constitutes first-degree criminal sexual conduct and is punishable by up to 30 years of imprisonment. As a South Carolina sex crimes attorney could explain, criminal sexual conduct involving a minor is addressed separately under SC Code §16-3-655 and tends to be punished more harshly compared to standard criminal sexual conduct offenses.
In addition to criminal sexual conduct involving sexual battery, the South Carolina Penal Code also criminalizes sexual assault and battery—in other words, non-consensually touching the intimate areas of another person’s body under or above their clothing. This offense can be treated as either a felony or a misdemeanor, depending on whether the defendant acted with lewd and lascivious intent or not.
Other offenses that may be considered sex crimes based on sex offender registration being one of the consequences of a conviction include:
A sex crimes lawyer in South Carolina could help build a strong and comprehensive defense against any charge of this nature.
Being accused of a sex crime can be intimidating and challenging to deal with, even compared to other types of criminal allegations. If you have found yourself in this situation, you should know that you have a right to defend yourself in court and seek representation from a capable defense attorney while doing so.
A South Carolina sex crimes lawyer could work tenaciously to protect your best interests and fight for the most favorable resolution possible to your criminal case. Call Price Benowitz today for a confidential case evaluation.
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