Columbia Criminal Sexual Conduct Charges

Criminal Sexual Conduct generally occurs when a person sexually abuses another. For example, it can occur when the accused used aggravated force to commit a sexual battery. It is considered an extremely serious offense in South Carolina. If convicted of sexual assault, a person is facing a significant amount of prison time.

Those who have been charged with aggravated sexual assault charges should reach out to an experienced defense attorney as soon as possible. A tenacious criminal sexual conduct lawyer could review the charges and collect evidence to help you build a defense. Speak to an attorney to learn about Columbia criminal sexual conduct charges as well as the possible consequences of a conviction.

Criminal Sexual Conduct in The First-Degree

South Carolina has criminal sexual conduct in the first degree, which is a charge that the person accused engaged in sexual battery of the alleged victim. Also, one of the following factors must be present:

• The accused used aggravated force to accomplish the sexual battery
• There was forcible confinement, kidnapping, bribery or extortion, duress, burglary or housebreaking
• The accused caused the victim (without their consent) to become mentally incapacitated or physically helpless by either administering, distributing, dispensing, or causing the administration of a controlled substance or any other intoxicating substance to the person

The definition section for mental incapacitation is found in S.C. Code Section 16-3-651. Mental incapacitation is the point at which the person cannot provide consent and cannot make an intelligent decision about whether to consent to the act.

Criminal Sexual Conduct in the Second-Degree?

Criminal sexual conduct in the second degree is defined by the use of aggravated coercion to accomplish sexual battery. Aggravated coercion is distinguished from aggravated force in that coercion entails a threat, whereas aggravated force involves the carrying out of the threat.

A person can be charged with this if they engage or attempt to engage in sexual battery with a victim who is also 11 to 14 years of age, and the actor is older than the victim.

The primary laws associated with criminal sexual conduct in the second degree are found in S.C. Code Section 16-3-653. It can be referenced with criminal sexual conduct with a minor in the second degree under S.C. Code Sections 16-3-655 and 16 -3-656. This would also include assault with intent to commit criminal sexual conduct in the third degree, which is a Class E felony that carries up to 10 years in prison.

The difference between a first and second degree aggravated sexual assault charges is a difference between a Class A and a Class C felony. Whereas criminal sexual conduct in the first degree carries up to 30 years as a maximum punishment, criminal sexual conduct in the second degree is a Class C felony that carries up to a maximum punishment of 20 years.

Understanding Criminal Sexual Conduct with a Minor

Regarding criminal sexual conduct with a minor, there are varying levels of the charge, such as first degree, second degree, or third degree. The worst is first degree, which is a Class A felony. Sexual assault of a minor is an act in which the accused is engaged in sexual battery with a victim who is less than 11 years of age. This offense also occurs if the accused engages in sexual battery with a victim who is less than 16 years of age, and the accused has previously been convicted of, pled guilty to, or is an adjudicated delinquent for the offense. If convicted, the person must be registered as a sex offender.

The sex offender registry is found at S.C. Code Section 23-3-430, Subsection D. Criminal sexual conduct with a minor is found at S.C. Code Section 16-3-655. A person who is convicted of this offense can be imprisoned for a mandatory minimum of 25 years, which may not be suspended or allowed to have probation or life imprisonment.

How a Criminal Sexual Conduct Attorney Could Help

The first way a criminal defense lawyer can help is to walk the accused person through the process to obtain all of the relevant information and begin preparing a strategic plan to combat the charges.

The next way a criminal sexual conduct lawyer can help is by building the best defense possible, asking the right questions regarding what needs to be done, hiring a private investigator, hiring an expert witness, conducting their own independent investigation, and putting all of that information together to ensure that the person’s rights are protected and that the case is in the best position possible to get the best result. Hiring an experienced sexual assault lawyer is critical.

Call today to start building a defense against Columbia aggravated sexual assault charges.