From the definition of rape to a person’s ability to consent—the laws about sexual violence vary from state to state. Here are some state laws regarding consent in South Carolina:
Consent is an agreement given equally by all partners to engage in a specific activity at the moment. Consent is a clear understanding of what’s being asked for and agreed upon. Consent is freely given with no coercion by either party. Consent is never assumed and consent can be taken back at any time.
Yes. A person is guilty of criminal sexual conduct if the actor engages in sexual battery with the victim and the actor knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless. S.C. Code Ann. § 16-3-654(b).
Yes. A person is guilty of criminal sexual conduct in the third degree if the actor engages in sexual battery with the victim and 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.
Yes. A person is guilty of criminal sexual conduct in the third degree if the actor engages in sexual battery with the victim and the actor knows or has reason to know that the victim is physically helpless, which includes unconsciousness.
Yes. A person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual battery with the victim and 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.
If you or someone you know has experienced sexual assault, you’re not alone. To speak with someone who is trained to help, call Sexual Trauma Services Crisis Hotline at (803) 771-7273.
