Columbia Sex Crime Charges

The first thing an individual who is facing Columbia sex crime charges should do as soon as they find out they are being investigated for any crime is to tell the investigator that they are not answering any questions until they speak with a criminal defense lawyer.

After you have been charged, you should contact an experienced sex crimes attorney immediately. You could sit down with the lawyer, lay everything on the table, and pick the best defense possible for your situation. You should tell the lawyer everything so they can properly and adequately protect your rights, advise you of your options, and build the best possible defense.

What Happens After An Arrest?

If a person is arrested for a sex crime, they will be sent to a detention center in Columbia. They would either go to the Alvin S. Glenn Detention Center for Richland County cases or the Lexington County Detention Center on Gibson Road for other cases. They would be booked, have their mug shot taken, and fingerprinted. All their background information is put into a database, and they would be required to have a bond hearing within 24 hours. They would go before the bond judge and hopefully get Personal Recognizance, which means they would not have to pay any money. Alternatively, defendants may need to post bail themselves or obtain a surety bond through a bail bondsman.

Consequences of a Sexual Offense

Most sex crimes are considered felony offenses. There are no sex offenses that are misdemeanors. There are a few offenses that would fall under assault and battery in the second degree, but for the most part, almost all of them are felony offenses. Prosecutors will generally push for the maximum sentence. They do not necessarily get the maximum punishment because most cases are resolved through a guilty plea versus a jury trial.

Violent sex crimes are enhanced because there is a violent nature to them. If the alleged victim tried to fight, then the Columbia sex crime charges are increased. The likelihood of prison time increases because of the very nature of the violence on top of the original sex crime.

Constitutional Issues That May Arise in Sex Crime Cases

A constitutional issue that may arise in sex crime cases would be the Fifth Amendment, in regards to statements to police and whether they were voluntarily given or the proper protocol was followed.

The next would be the illegal search and seizure. If there were an unreasonable search and seizure and the police violated the person’s Fourth Amendment rights, the evidence they obtained should be suppressed because it violated the constitution.

How Are Sexual Crime Cases Prosecuted in Columbia?

Sex crime cases are prosecuted very aggressively in Columbia. Sex crime cases generally last a long time and do not resolve very quickly. The prosecutors are often unwilling to negotiate, and individuals may have to fight to prove their innocence, which is why it is so important to have a tenacious attorney.


The type of evidence typically presented includes witness testimony and physical evidence. If there was an allegation of rape, there is a special type of kit used called a SANE kit. A SANE kit is essentially a sexual assault kit that collects physical evidence, such as hair and semen, that they are able to test later.

Who Hears The Case?

These crimes may be heard in front of a judge or jury, depending on a few different factors. The default method is a jury trial, but a case could be heard in front of a judge only if the prosecutor consents to it. Also, there is no jury if the defendant pleads guilty.

Judges are aggressive in pursuing these cases as well. The potential for active prison time in sex crime cases is high. That is where people are deciding whether to go to trial or whether to roll the dice and reject the plea offer. Also, whether to go to trial versus accepting a plea offer that allows them to get out on probation, even though they are trying to say that they are innocent. This is something that people fight every day.

How a Columbia Sex Crime Attorney Could Help

Individuals who have been charged with a sex crime should speak to a knowledgeable attorney to start building their defense. An attorney could ensure that your rights are protected throughout the legal process.

The sooner an attorney is on your case, the sooner they could begin building your defense. If you are facing Columbia sex crime charges, you should speak to a lawyer today to learn about your options.