Charleston Sex Crimes Lawyer

Sex crime charges are serious, carrying harsh penalties and fines as well as life-altering social consequences. A wide range of sex crimes are written into state law, and having a better understanding of the charges could help you stay in compliance with the law.

If you have been charged with a sex crime, the most important first step is to consult with a defense attorney. Dayne Phillips is an experienced Charleston sex crimes lawyer who could help you navigate the complex legal process.

What is Sexual Assault?

“Sex crimes” is not a legal term. Instead, it is a blanket category that covers all offenses that are sexually based. While every charge involving a sex crime is specific to the unique situation at hand, they all fall into basic categories.

The state’s assault and battery criminal laws address sexual assault, which applies when there is a sexual component to an assault and battery charge. Under the category of sexual assault charges, there are first- and second-degree sexual assault.

First-degree sexual assault applies to touching the victim’s private parts with lewd intent and without consent. The charge is a felony, and a conviction carries up to 10 years in prison.

Second-degree assault involves attempting first-degree sexual assault or offering to commit first-degree sexual assault. The charge is a misdemeanor, and the penalties for a conviction include up to three years in jail and fines of up to $2,500.

A Charleston lawyer experienced in dealing with sexual assault cases could help guide you through this process.

Criminal Sexual Conduct Charges

Criminal sexual conduct (CSC) is the charge for rape in this state. If you are facing CSC charges, you should seek the support of a Charleston attorney with experience in sex crimes. There are three degrees of CSC. The severity of the charge hinges on the specific circumstances that apply. By definition, rape includes sexual battery, referring to the element of force involved, which goes beyond lack of consent.

First-Degree CSC

First-degree CSC involves sexual battery with an aggravated factor such as:

• Drugging the victim
• Using an aggravated level of force
• Kidnapping
• Human trafficking

A conviction for this felony charge carries up to 30 years in prison.

Second-Degree CSC

Second-degree CSC is the crime of sexual battery with aggravated coercion. In other words, the accused threatened the victim into compliance. This is a felony charge that carries a prison sentence of up to 20 years.

Third-Degree CSC

Third-degree CSC refers to sexual battery that involves either force or coercion without the aggravating factors. An incapacitated victim also falls into this category. The charge is a felony, and a conviction carries up to 10 years in prison.

Allegations of Indecent Exposure

When it causes offense or annoyance, the willful and lewd exposure of one’s private parts in a public place or in a place that can be seen by the public is against state law. The charge is indecent exposure, and a conviction carries a jail sentence of up to six months and fines of up to $5,000. A Charleston sex crimes attorney could help you effectively respond to indecent exposure charges.

It is important to note that anyone who participates in the alleged indecent exposure crime could also be held responsible. This can include a bar owner who allows it, a person who helps the perpetrator, or anyone who persuades or coerces someone into committing the alleged crime.

Charges for Statutory Rape

Statutory rape is the crime of an adult having sex with someone who has not reached the age of consent, which is 16 in this state. The official charge is criminal sexual conduct with a minor.

A key point regarding statutory rape is that it is a crime even when the minor consents. This is because those under the age of 16 do not have the capacity to consent under the law.

The state does have a Romeo and Juliet provision for young couples. If the older partner is under the age of 18 and the victim is at least 14, the older party would not be convicted of CSC with a minor as long as the sex between them was consensual.

Consult With an Experienced Sex Crimes Attorney in Charleston Today

Dayne Phillips is a trusted Charleston sex crimes lawyer who has earned a strong reputation for successfully defending clients in the face of sexually based charges. The Price Benowitz team is on your side and here to help. Do not hesitate to contact them to schedule a free case evaluation today.