Degrees of Sexual Assault in Columbia

All crimes of a sexual nature are prosecuted aggressively, but criminal sexual conduct with a minor charges are especially serious. The presence of a firearm is crucial in defining whether the act involved aggravated force or aggravated coercion. Thus, it enhances a charge from the third degree criminal sexual conduct up to second or first degree CSC.

Those who have been charged with sexual assault should retain the services of a defense attorney as soon as possible. A trained and experienced criminal defense attorney knows exactly what to look for, how to conduct the independent investigation, whether hiring a private investigator is necessary, whether hiring an expert is necessary, how to challenge the evidence, and how to cross-examine witnesses and build a defense.

Reach out to diligent defense attorney to learn about the various degrees of sexual assault such as Criminal Sexual Conduct in Columbia.

What Constitutes Sexual Assault in A Spousal or Cohabitating Relationship?

A person could be charged with sexual battery in a spousal and cohabitating relationship. Cohabitation would still fall under criminal sexual conduct. If the charge is related to a spouse, it is a separate charge in South Carolina.

Spousal sexual battery is accomplished using aggravated force by one spouse toward the other spouse if they are living together. The offending spouse’s conduct must be reported to the appropriate law enforcement authorities within 30 days in order for that spouse to push the offense. It is not applicable to a purported marriage entered into by a male under the age of 16 or a female under the age of 14. This spousal sexual battery crime specifically is a felony that carries a maximum sentence of up to 10 years.

Criminal Sexual Conduct Second Degree

Criminal sexual conduct in the second degree in South Carolina is a Class C felony and occurs when the accused uses aggravated coercion to accomplish sexual battery. It is defined under Section 16-3-653.

Criminal Sexual Conduct Third Degree

Criminal sexual conduct in the third degree occurs when the accused engages in sexual battery with the victim, and one or more of the following circumstances are proven by the state:

• The accused used force or coercion to accomplish the sexual battery
• The accused knew or had reason to know that the victim was mentally defective, mentally incapacitated, or physically helpless
• The aggravated force or aggravated coercion was not used

It is distinguished from the criminal sexual conduct in the first and second degrees by having a lack of aggravated force, or aggravated coercion as defined in Section 16-3-651, Subsection C and D. This criminal sexual conduct in the third degree is defined in Section 16-3-654, and it is a Class E felony that carries up to 10 years in prison as a maximum sentence.

Sexual Assault With a Firearm

There is no specific offense that relates to having a firearm except for criminal sexual conduct, first degree. If someone used a firearm as force when the sexual battery occurred, that would constitute as criminal sexual conduct in the first degree.

For a third-degree offense, the charge would rise to criminal sexual conduct in the first degree or second degree if the person threatened the use of a firearm even if there was no firearm visible. Under the third degree, prosecutors consider whether there was force or coercion used and whether the person was incapacitated or physically helpless.

The difference between the first, second, and third-degree CSC charges is the lack of aggravated force or aggravated coercion.

How a Sexual Assault Attorney Could Help

Hiring an experienced and aggressive criminal defense attorney, specifically an attorney who has experience in defending criminal sexual conduct cases, is critical in making sure that the accused person’s rights are protected. Those who are facing charges for sexual assault are facing the issue of having their liberty in jeopardy, as well as their reputation and livelihood if convicted. They also face being put on the sex offender registry. Hiring a sexual assault attorney is vital to avoiding these severe penalties.

Call today to learn about the different degrees of sexual assault in Columbia and your legal options to fight the charges.