Greenville, South Carolina Statutory Rape Defense Lawyer

What is the Age of Consent in South Carolina?

Every state in the United States possesses legislation regarding the Age of Consent. In the state of South Carolina, anyone under the age of 17 is considered to be a minor, meaning the age of consent in South Carolina is 16 years old. As such, a person under the age of 16 cannot legally consent to sexual intercourse or any other activity that is of a sexual nature. 

South Carolina Statutory Rape Laws

In South Carolina, statutory rape occurs when an adult (a person 18 years or older) has sexual intercourse or engages in any other form of sexual activity with a minor (a person 15 years or younger). This is even if the sexual conduct is seemingly “consensual.” A statutory rape case is solely predicated on the minor’s age, which means the law determines that a minor is incapable of consenting on their own. 

Sexual assault laws in South Carolina make statutory rape, also referred to as criminal sexual conduct with a minor, a crime. This means that the offense will be prosecuted under such sexual assault laws. The degree of the offense and thus, the severity of the penalties, is determined by the parties’ ages and the type of criminal sexual conduct that took place. Below are the different degrees of statutory rape found under South Carolina law (S.C. Code § 16-3-655).

First Degree Statutory Rape

A person may be found guilty of first degree criminal sexual conduct with a minor (statutory rape) under the following circumstances:

1. They engage in sexual assault and battery with a victim who is below the age of 11; OR
2. They have previously been convicted of a sex crime, meaning they appear on the sex offender registry, and engage in sexual battery with a victim who is less than 16 years old.

Second Degree Statutory Rape

A person may be found guilty of second degree criminal sexual conduct with a minor (statutory rape) under the following circumstances:

1. They engage in sexual assault and battery with a victim between the ages of 11 and 14; OR
2. They engage in sexual battery with a victim between the ages of 14 and 16 while holding a position of trust, such as familial, custodial, or official authority. 

Third Degree Statutory Rape

A person may be found guilty of third degree criminal sexual conduct with a minor if they are over the age of 14 and willfully commit (or attempt to commit) a lascivious or lewd act on a child under the age of 16 and with the intent to arouse, appeal, or sexually gratify themselves or the victim.

Romeo and Juliet Law SC

Another law in place relating to statutory rape is what is referred to as the “Romeo and Juliet Law.” This law was put in place to protect two persons who are very close in age and who, based on the ages specified in the legislation, might normally be charged with statutory rape. We now know that anyone under the age of 17 is considered a minor in South Carolina, and sexual contact must be consented to at the age of 16. So, if a 15-year-old had an intimate relationship with a 17-year-old, this provision would shield the 17-year-old from facing sex crime charges. 

In summary, the SC Romeo and Juliet Law allows protections for those who are very close in age so that they cannot be prosecuted for engaging in an intimate relationship. However, keep in mind that the age limit for Romeo and Juliet legislation is 14 years. Even under these protections and despite a closeness in age, there is no way for anybody under the age of 14 to consent to sexual activity.

Is There a Defense for Statutory Rape?

Statutory rape is a unique crime in the fact that there are typically very limited defenses available to the defendant. Unlike many other sex crime charges, the fact of consent is not a valid defense for a statutory rape charge. This is due to the fact that all that a prosecutor must prove to secure a conviction is that the victim was underage and that sexual relations occurred. 

Statutory rape laws serve to protect minors from both others and themselves, so even if the minor insists that they are old enough to consent, sexual activity is still illegal and will therefore be prosecuted, regardless of whether or not force was used. However, this does not mean that there aren’t any possible defenses to statutory rape charges. For example, a mistake of age or unawareness of age could be a viable defense, as could marital status. The Romeo and Juliet Law may also serve as a defense. To determine the best possible defense strategy for your case, speak to a Greenville criminal defense attorney as soon as possible. 

What are the Penalties for Statutory Rape in South Carolina?

The penalties for statutory rape in South Carolina vary significantly depending on the degree of the charge. According to the state code, first degree criminal sexual conduct with a minor is considered a felony offense and can carry between 10-30 years in prison or even life imprisonment, depending on the facts of the case. Second degree criminal sexual conduct with a minor is also a felony and may result in a maximum prison sentence of 20 years. Finally is the felony of third degree statutory rape, which may result in up to 15 years in prison. 

Another consequence that follows a statutory rape charge and/or conviction is the requirement of registering as a sex offender. When you have been placed on the sex offender registry in South Carolina, there is no way to remove yourself from the list to clear your name and record.

As you can see, statutory rape may lead to extremely severe penalties and can take decades of your life from you. Even after your sentence has ended, you will carry this scarlet letter around forever. That is why the assistance of a skilled legal professional can make all the difference in your case and in your life as a whole. 

Call the Sex Crimes Attorneys at AnneMarie Odom Law Today

If you’ve been accused or charged with statutory rape in Greenville or the surrounding areas, it is imperative that you obtain professional legal advice as soon as possible. In order to combat your specific charges, your criminal defense attorney may employ a variety of defense methods and tactics. They will look through the evidence, determine if the prosecution has a viable case, and check for any discrepancies in their story, all while exploring legal options and establishing any possible defenses to stand up to the prosecution’s case against you. An experienced South Carolina criminal defense attorney will be familiar with how prosecutors and judges handle cases similar to yours and may use this knowledge to negotiate with the prosecution for a lighter charge or reduced penalties.

At AnneMarie Odom Law, our Greenville sex crime attorneys are prepared to handle cases all across the state of South Carolina with professional and aggressive legal counsel. Your rights and freedom are on the line here. We recognize how important our job is and what it has the potential to do for you, so rest assured we will give our all to your case. 

To discover more about the statutory rape penalties in South Carolina and how they apply to your case, or to get an experienced attorney on your side today, call AnneMarie Odom at (864) 775-5833. You may also complete our online intake form to set up a free initial consultation.