South Carolina Sexual Assault Laws

Engaging in sexual battery with the victim and if:

• The actor used aggravated force to accomplish sexual battery;
• The victim submits to sexual battery by the actor under circumstances where the victim is also the victim of forcible confinement, kidnapping, trafficking in persons, robbery, extortion, burglary, housebreaking, or any other similar offense or act; or
• The actor causes the victim, without the victim’s consent, to become mentally incapacitated or physically helpless by administering, distributing, dispensing, delivering, or causing to be administered, distributed, dispensed, or delivered a controlled substance, a controlled substance analogue, or any intoxicating substance.

Felony. Maximum sentence: 30 years imprisonment.

Using aggravated coercion to accomplish sexual battery.

Felony. Maximum sentence: 20 years imprisonment.

Engaging in sexual battery with the victim and if:

• The actor uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances; or
• The actor knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless and aggravated force or aggravated coercion was not used to accomplish sexual battery.
• A person cannot be guilty of this crime if the victim is the legal spouse of the person unless the couple is living apart or if the purported marriage includes a male under the age of 16 or a female under the age of 14.

Felony. Maximum sentence: 10 years imprisonment.

• Sexual battery when accomplished through use of aggravated force by one spouse of the other spouse if they are living together.
• The offending spouse’s conduct must be reported to appropriate law enforcement authorities within thirty days in order for that spouse to be prosecuted for this offense.
• This section is not applicable to a purported marriage entered into by a male under the age of sixteen or a female under the age of fourteen.

Felony. Maximum sentence: 10 years imprisonment.

Criminal sexual conduct with a minor in the first degree:

• Sexual battery when the victim is less than 11 years old; or
• Sexual battery when the victim is less than 16 years old and the actor is a previous sex offender.

Criminal sexual conduct with a minor in the second degree:

• Sexual battery when the victim 11-14 years old; or
• Sexual battery when the victim who is 14-15 years old and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim. A person may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in consensual sexual conduct with another person who is at least fourteen years of age.

Criminal sexual conduct with a minor in the third degree:

• The actor is over 14 years old and the actor willfully and lewdly commits or attempts to commit a lewd or lascivious act upon or with the body of a child under 16 years old, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desire of the actor or child. A person may not be convicted of a violation of the provisions of this subsection if the person is eighteen years of age or less when the person engages in consensual lewd or lascivious conduct with another person who is at least fourteen years of age.
• Men under the age of 14 may commit rape. A person cannot be guilty of this crime if the victim is the legal spouse of the person unless the couple is living apart or if the purported marriage includes a male under the age of 16 or a female under the age of 14.

Criminal sexual conduct with a minor in the first degree:

• Felony – If victim is under 11 the crime is a felony and the minimum sentence is 25 years imprisonment and the maximum sentence is life; if the person has been previously convicted of, pled guilty or nolo contendere to, or adjudicated delinquent for first degree criminal sexual conduct with a minor who is less than eleven years of age, he must be punished by death or imprisonment for life.
• If the victim is under 16 and assaulted by a sex offender the crime is a felony and the minimum sentence is 10 years and the maximum sentence is 30 years imprisonment.

Criminal sexual conduct with a minor in the second degree:

• Felony – the maximum sentence is 20 years imprisonment.

Criminal sexual conduct with a minor in the third degree:

• Felony – the maximum sentence is 15 years imprisonment and a fine.

No statute of limitations for criminal offenses in the state of South Carolina.