Columbia Criminal Sexual Conduct Lawyer

In South Carolina, criminal sexual conduct can be a first-degree, second-degree, or third-degree offense. There is also a charge called criminal sexual conduct with a minor. Those can be found in South Carolina Code of Laws, Sections 16-3-652, 653, 654, and 655, and they cover most of the laws regarding criminal sexual conduct.

There is no statute of limitations for criminal cases in Columbia. It does not matter whether the charge is sexual assault, murder, or even something as small as shoplifting. Since there is no statute of limitations, criminal charges could be brought 20 or 30 years later if the prosecutor and the police feel that it is necessary.

If you have been accused of sexual assault, you should not fight the charges alone. An experienced Columbia sexual assault lawyer could examine the facts of the case and help you build a defense. Speak to a knowledgeable sex crimes defense attorney to learn about your legal options as soon as possible.

Specific Aspects of Statutory Crimes That Are Different from Other Sexual Assault Charges

In South Carolina, all sexual assault charges are codified, so they are all statutory. The differences are based on the facts of the case and the allegations. Specifically, whether the facts meet the definitions that are provided within those statutes. Statutory rape, as people call it, is when someone is underage, and the law does not allow a minor to provide consent for a sexual act.

There are laws regarding different types of sexual battery and criminal solicitation of a minor. The other related charges include sexual exploitation of a minor and disseminating obscene material to a person under the age of 18.

The charge depends on the facts as to whether it applies as criminal sexual conduct; whether it is first degree or third degree, or whether it is something entirely separate like a criminal solicitation of minor.

The Role of a Third-Party Allegation in CSC Cases

For statutory rape charges involving a minor and an adult, the role of the third-party allegation comes in quite often.

Often, in cases in which there was consensual sex, but the law does not recognize that the minor can consent, it is a third party who notifies law enforcement. The third-party is usually a parent, a friend, or a family member.

This also occurs in Criminal Sexual Conduct with a Minor cases where the child tells another person about being molested. The third-party then contacts law enforcement about the disclosure.

What Are Romeo And Juliet Clauses or Laws?

Romeo and Juliet clauses or laws refer to when the people involved are close in age, but the case technically falls under the definition of statutory rape. Romeo and Juliet clauses do not exist in Columbia, but these facts are acknowledged and can be used as mitigation evidence can be used in a person’s defense.

There are separate laws that are related to this type of conduct when a 14- or 15-year-old individual has a sexual relationship with a person who is 16 or 17.

Romeo and Juliet laws can be used as far as mitigation evidence. The General Assembly recently changed the definition of a minor by raising the age for specific offenses.

Common Misconceptions Regarding Sexual Assault in Columbia

Some of the misconceptions regarding sexual assault in Columbia are that once an individual is accused their life is over and there is no hope. That is not true. Many of these cases are he-said/she-said credibility battles. There may be no physical evidence or forensic evidence. They are sometimes baseless allegations that used to either gain advantage in a child custody case, in different cases of alleged rape, or as retribution or revenge.

When it comes to certain allegations, conducting an independent investigation is absolutely necessary to provide the best defense possible. The accused person should hire a skilled Columbia Criminal Sexual Conduct lawyer as soon as possible so they can help navigate them through this process and start building a defense.

Seek Help from a Columbia Criminal Sexual Conduct Attorney

The consequences of a Criminal Sexual Conduct conviction could be severe. For this reason, it is best to reach out to a diligent defense attorney. The first quality to look for in a sexual assault lawyer is successful experience. An accused person should look for an attorney who has had success in defending these types of cases and has dealt with local prosecutors, law enforcement, and related evidence.

The best lawyer for someone is always the lawyer that the person feels completely comfortable with and with whom they can build a strong relationship of trust. Let a tenacious Columbia sexual assault lawyer help your case. Schedule a consultation today.