A sexual assault accusation in South Carolina moves fast, and the penalties written into the law are serious. State law treats these charges as some of the most severe offenses in the criminal code. Prison terms can reach 30 years for an adult first degree charge, and a conviction generally requires registration on the sex offender registry. Whether the case began with a police report, a campus investigation or a family dispute, the stakes include your freedom, your record and your future.
This article explains how South Carolina classifies sex crimes, what “criminal sexual conduct” means under South Carolina law and what a conviction can carry at each level. It is general information, written without graphic detail, and a licensed South Carolina attorney at Touma Law Group must review the facts of a case before anyone relies on it. If you or someone you love is facing one of these charges, call Touma Law Group to schedule a free consultation.
What a Criminal Sexual Conduct Conviction Carries in South Carolina
South Carolina’s criminal code does not use the word “rape” to name these offenses. The state charges them as criminal sexual conduct, or CSC, and the maximum penalty depends on the degree (S.C. Code Ann. §§ 16-3-651 to 16-3-659.1).
- First degree CSC: up to 30 years in prison
- Second degree CSC: up to 20 years in prison
- Third degree CSC: up to 10 years in prison
Each degree is a felony. First degree CSC is classified as a Class A felony, the same classification as voluntary manslaughter, attempted murder, kidnapping and armed robbery (S.C. Code Ann. § 16-1-90).
Charges that involve a spouse or a minor, and some repeat offenses, follow their own penalty structure. Some carry a mandatory minimum sentence with no suspension and no probation. We describe those below.
How South Carolina Defines Criminal Sexual Conduct
Under South Carolina law, conduct that people call sexual assault is prosecuted as criminal sexual conduct. The offense requires “sexual battery,” which the statute defines as sexual intercourse and certain other specified acts, including any intrusion, however slight, of a body part or an object into the genital or anal openings of another person’s body, except for medically recognized treatment or diagnostic purposes (S.C. Code Ann. § 16-3-651).
Several defined terms drive most of the analysis in these cases:
- Aggravated force: physical force or violence of a high and aggravated nature used to overcome the victim, or a threat of the use of a deadly weapon.
- Aggravated coercion: a threat to use force or violence of a high and aggravated nature, or a threat of future retaliation by physical harm, kidnapping or extortion under circumstances of aggravation, when the victim reasonably believes the actor can carry out the threat.
- Mentally incapacitated: temporarily unable to appraise or control one’s conduct, whether because of illness, defect, the influence of a substance or another cause.
- Physically helpless: unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act.
Whether aggravated force, aggravated coercion or another circumstance listed in the statute is alleged often separates a first degree charge from a second or third degree charge.
Penalties by Degree: What Each Level of Criminal Sexual Conduct Carries
| Degree | What the law requires | Maximum penalty |
|---|---|---|
| First degree (S.C. Code Ann. § 16-3-652) | Sexual battery with aggravated force; or where the victim is also the victim of forcible confinement, kidnapping, trafficking in persons, robbery, extortion, burglary, housebreaking or a similar offense; or where the actor, without consent, causes the victim to become mentally incapacitated or physically helpless by administering a controlled substance or intoxicating substance | Up to 30 years, a Class A felony |
| Second degree (S.C. Code Ann. § 16-3-653) | Sexual battery accomplished by aggravated coercion | Up to 20 years |
| Third degree (S.C. Code Ann. § 16-3-654) | Sexual battery by force or coercion without the aggravating circumstances above; or where the actor knows or has reason to know the victim is mentally defective, mentally incapacitated or physically helpless and aggravated force or coercion was not used | Up to 10 years |
Every degree of this charge is a felony. None is a fine-only misdemeanor. Assault with intent to commit criminal sexual conduct is punished as if the criminal sexual conduct had been committed (S.C. Code Ann. § 16-3-656).
When the Charge Involves a Spouse, a Minor, or a Repeat Offense
Some circumstances change the penalty structure.
Spousal cases. South Carolina law treats sexual battery by one spouse against the other, when the spouses are living together and aggravated force is used, as the felony of spousal sexual battery. A conviction carries up to 10 years in prison, and the conduct must be reported to law enforcement within 30 days for the person to be prosecuted (S.C. Code Ann. § 16-3-615). When a married couple is living apart, first or second degree criminal sexual conduct can also apply, with the same 30 day reporting requirement (S.C. Code Ann. § 16-3-658).
Criminal sexual conduct with a minor. A separate statute covers victims under 16 and sets penalties by degree (S.C. Code Ann. § 16-3-655):
- First degree, victim under 11: a mandatory minimum of 25 years, with no part suspended and no probation, or life in prison.
- First degree, victim under 16 and the actor has a prior conviction for a listed offense or has been ordered onto the registry: a mandatory sentence of 10 to 30 years, with no part suspended and no probation.
- Second degree, victim at least 11 and no older than 14, or victim 14 or 15 where the actor is in a position of authority or is older than the victim: up to 20 years.
- Third degree, a lewd or lascivious act with a child under 16 by an actor over 14: a fine, up to 15 years in prison, or both.
The statute also contains a narrow exception for consensual conduct involving a person 18 years old or younger and another person who is at least 14, in the second and third degree provisions.
Repeat offenses. A person with a prior conviction for first degree criminal sexual conduct with a minor under 11 can be punished by death or life imprisonment under the minor statute. In other cases a prior conviction can change the penalty range, as in the first degree provision for victims under 16 described above.
Charges That Often Overlap With a Sexual Assault Case
A criminal sexual conduct charge can appear alongside other charges, depending on who is involved and what else is alleged.
- Criminal domestic violence: If the accuser is a household member, prosecutors may add domestic violence charges under S.C. Code Ann. § 16-25-20.
- Assault and battery: If separate force is alleged, the State can bring an assault and battery charge under S.C. Code Ann. § 16-3-600.
- Sexual exploitation of a minor: Cases involving a minor can include separate charges under South Carolina’s sexual exploitation of a minor statutes, S.C. Code Ann. §§ 16-15-395 to 16-15-410, which have their own penalties.
A criminal case is also separate from any civil case an accuser might bring. The two have different procedures and different burdens of proof.
Sex Offender Registration: How Long It Can Last
A conviction for criminal sexual conduct is a listed offense under South Carolina’s sex offender registry law, administered by the State Law Enforcement Division. A person required to register must register twice a year for life, subject to the termination provisions (S.C. Code Ann. § 23-3-460). The registry sorts offenses into three tiers (S.C. Code Ann. § 23-3-430).
| Registration tier | Examples of offenses | Earliest removal request |
|---|---|---|
| Tier I | Third degree CSC, incest | 15 years, through a request to SLED |
| Tier II | Second degree CSC, CSC with a minor in the second or third degree | 25 years, through a request to SLED |
| Tier III | First degree CSC, first degree CSC with a minor, assault with intent to commit CSC, kidnapping of a person under 18, spousal sexual battery | Not eligible for a SLED request; a motion to the general sessions court is possible 30 years after discharge from incarceration without supervision or the end of active supervision |
Other conditions apply to removal. They include completing required treatment programs, no conviction for failure to register within the previous ten years and no additional sexual offense after being placed on the registry. A request can be denied, and an offender whose request is denied may not petition again for five years (S.C. Code Ann. §§ 23-3-462 and 23-3-463). Registration is separate from prison time.
A residency restriction also applies to a narrow set of offenses involving minors. A person convicted of certain offenses, such as first or second degree criminal sexual conduct with a minor, may not live within 1,000 feet of a school, daycare center, children’s recreational facility, park or public playground (S.C. Code Ann. § 23-3-535).
What the State Must Prove
To convict someone of criminal sexual conduct, the State must prove every element of the charged degree beyond a reasonable doubt. That includes proving the sexual battery, proving the circumstance that defines the degree, such as aggravated force or aggravated coercion, and proving the case under the correct statute.
South Carolina’s statute provides that the testimony of the alleged victim need not be corroborated in prosecutions under §§ 16-3-652 through 16-3-658 (S.C. Code Ann. § 16-3-657). That does not mean the State’s evidence cannot be challenged. Credibility, timeline, and any physical or digital evidence often matter a great deal.
South Carolina law also limits when evidence of the alleged victim’s sexual conduct may be used at trial, and requires a written motion and a hearing outside the jury’s presence in certain situations (S.C. Code Ann. § 16-3-659.1).
Building a Defense Against a Sexual Assault Charge
A charge is not a conviction. Every case turns on its own facts, the evidence collected and how that evidence holds up.
Depending on the case, a defense may look at:
- Whether the contact was consensual and what evidence supports that.
- Whether investigators followed proper procedure in collecting evidence, taking statements or conducting a forensic exam.
- Whether the State can prove the circumstance that defines the degree charged.
- Inconsistencies in the timeline, witness statements or digital evidence.
- Whether a substance was involved and what that means for the incapacity element.
None of this means a particular outcome is likely in an individual case. The right approach depends on the facts, the charge and the court handling it.
What to Do If You Are Under Investigation or Charged
- Do not talk to law enforcement without a lawyer present. Even something that feels harmless can become evidence.
- Do not contact the accuser. A message sent with good intentions can be used against you and may lead to additional charges.
- Write down what you remember while it is fresh, including names, dates, locations and anyone with relevant information.
- Preserve your own evidence, including texts, call logs and social media messages.
- Speak with a criminal defense attorney before your first court date.
Choosing a Lawyer for a Charge This Serious
A criminal sexual conduct charge carries some of the harshest penalties in South Carolina. These cases are heard in the General Sessions Court of the county that brought the charge, whether Greenville, Richland, Anderson or another county. The steps generally include a bond hearing, discovery, pretrial motions and, if the case is not resolved before then, a trial.
Touma Law Group handles criminal sexual conduct charges from our Greenville, Columbia and Anderson offices.
If you are under investigation or already charged, contact Touma Law Group to schedule a free consultation with an attorney who can review the facts of your case.
Frequently Asked Questions
South Carolina’s statutes do not use “rape” as the name of the offense. These charges fall under criminal sexual conduct in the first, second or third degree, along with related statutes for minors and spouses (S.C. Code Ann. §§ 16-3-651 to 16-3-659.1).
Criminal sexual conduct in each of the three degrees is a listed offense under the registry law, so a conviction generally requires registration. The tier determines how long before a person can ask to be removed (S.C. Code Ann. § 23-3-430).
South Carolina’s statute says the victim’s testimony need not be corroborated in these prosecutions (S.C. Code Ann. § 16-3-657). The State must still prove every element beyond a reasonable doubt, and the defense can challenge the evidence.
It depends on the facts, the evidence and how the case was investigated. An attorney can review the details and explain your options, but no attorney can promise a result before reviewing the case.
Do not contact the accuser or give a statement to police without a lawyer, and start writing down everything you remember. Speak with a criminal defense lawyer as early as possible.
