Criminal Sexual Conduct
The Shaun Kent Law Firm defends its clients tooth and nail. As an experienced law practice, we know what it takes to fight these kinds of charges and we’ve seen the consequences of a conviction when a person does not invest in the right criminal defense counsel. If you are facing these allegations or charges then you need the aggressive and weathered legal representation that our office can give you. If you or a loved one are facing these charges contact us today.
Criminal Sexual Conduct Laws
All charges of Criminal Sexual Conduct, which is also known as and includes rape, sexual assault, or sexual battery, are felony charges. These are the most severe charges possible under SC law.
Sexual Battery is defined as “sexual intercourse, cunnilingus, fellation, anal intercourse, or any intrusion hover slight, of any part of a person’s body, or of any object…”
Aggravated Force is defined as “[the] use [of] physical force or physical violence of a high and aggravated nature to overcome the victim or includes the threat of the use of a deadly weapon.”
CSC is divided into three degrees with 1st degree CSC being the most egregious offense.
1st Degree CSC
This is the worst charge a person could be accused of. It is a felony with a potential jail time of 10 to 30 years. To be charged with this a person must be accused of one or more of the following acts:
1) Using aggravated force
2) A felony like kidnapping, extortion, burglary, robbery, etc, took place alongside the CSC
3) The victim was subject to an intoxicating agent or drug without their consent
2nd Degree CSC
This charge is also a felony. It can land someone up to 20 years in jail. To be charged with this a person must be accused of the following:
1) Using aggravated coercion to engage in sexual battery with threatening force or a weapon
3rd Degree CSC
This charge can result in up to 10 years behind bars. This charge is similar to 2nd degree CSC with the exception that a weapon was not used. The prosecution must prove the victim was under mental or physical incapacitation and the offender used force or coercion.
Other Forms of Sex Crimes
As mentioned above, Criminal Sexual Conduct is not the only sex crime on the books in South Carolina but they are amongst the worst. Still, being charged with another form of a sex crime can be just as bad for your future, especially if convicted. For example, in South Carolina, there is also the offense of Spousal Sexual Battery. This offense is defined as the act of sexual battery committed against a spouse whilst living together. It comes with a maximum of ten years imprisonment.