{"id":281,"date":"2020-06-20T20:14:49","date_gmt":"2020-06-20T20:14:49","guid":{"rendered":"https:\/\/www.stsm.org\/?page_id=281"},"modified":"2020-06-20T20:14:51","modified_gmt":"2020-06-20T20:14:51","slug":"south-carolina-consent-laws","status":"publish","type":"page","link":"https:\/\/arf.stsm.org\/?page_id=281","title":{"rendered":"South Carolina Consent Laws"},"content":{"rendered":"\n

South Carolina Consent Laws<\/h1>\n\n\n\n

From the definition of rape to a person\u2019s ability to consent\u2014the laws about sexual violence vary from state to state. Here are some state laws regarding consent in South Carolina:<\/p>\n\n\n\n

Defining Consent<\/strong><\/p>\n\n\n

How is it defined?<\/a>

\nConsent 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.
\n<\/div><\/div>\n\n\n\n

Capacity to Consent<\/strong><\/p>\n\n\n

At what age is a person able to consent in SC?<\/a>

\n16 years old.
\n<\/div><\/div>\n\n\n
Does elderly age impact the victim's ability to consent?<\/a>

\nNo.
\n<\/div><\/div>\n\n\n
Does a development disability and\/or mental incapacity impact the victim\u2019s ability to consent?<\/a>

\nYes. 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. \u00a7 16-3-654(b).
\n<\/div><\/div>\n\n\n
Does a physical disability and\/or helplessness incapacity impact the victim\u2019s ability to consent?<\/a>

\nYes. 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.<\/div><\/div>\n\n\n
Does unconsciousness impact the victim\u2019s ability to consent?<\/a>

\nYes. 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.<\/div><\/div>\n\n\n
Does intoxication impact the victim\u2019s ability to consent?<\/a>

\nYes. 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\u2019s 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.<\/div><\/div>\n\n\n\n


If you or someone you know has experienced sexual assault, you\u2019re not alone. To speak with someone who is trained to help, call Sexual Trauma Services Crisis Hotline at (803) 771-7273.<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

South Carolina Consent Laws From the definition of rape to a person\u2019s ability to consent\u2014the laws about sexual violence vary from state to state. Here are some state laws regarding consent in South Carolina: Defining Consent Capacity to Consent If you or someone you know has experienced sexual assault, you\u2019re not alone. To speak with … Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-281","page","type-page","status-publish"],"_links":{"self":[{"href":"https:\/\/arf.stsm.org\/index.php?rest_route=\/wp\/v2\/pages\/281","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/arf.stsm.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/arf.stsm.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/arf.stsm.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/arf.stsm.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=281"}],"version-history":[{"count":3,"href":"https:\/\/arf.stsm.org\/index.php?rest_route=\/wp\/v2\/pages\/281\/revisions"}],"predecessor-version":[{"id":284,"href":"https:\/\/arf.stsm.org\/index.php?rest_route=\/wp\/v2\/pages\/281\/revisions\/284"}],"wp:attachment":[{"href":"https:\/\/arf.stsm.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=281"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}