Types of Sexual Assault charges in South Carolina
Criminal Sexual Conduct, First Degree
Criminal Sexual Conduct, Second Degree
Criminal Sexual Conduct with a Minor, First Degree
Criminal Sexual Conduct with a Minor, Second Degree (Statutory Rape)
Criminal Sexual Conduct, Third Degree
Lewd Act on a Minor
Indecent Exposure
Sex Offenses - Criminal Sexual Conduct - Rape
The crime of Rape is known as Criminal Sexual Conduct in South
Carolina. Criminal Sexual Conduct, First Degree is the most serious.
It is a felony and carries a maximum penalty of up to thirty years in prison
without the possibility of parole. One convicted of Criminal Sexual
Conduct, First Degree (CSC 1st) must register as a sex offender for the rest of
his or her life in South Carolina. The state must prove aggravated force
was used to subdue the victim, and must prove there was an aggravating factor
such as kidnapping or the involuntary drugging of the victim of the assault.
Criminal Sexual Conduct, Second Degree is a lesser offense which involves the
use of aggravated coercion, which is defined as use of threats as opposed to the
actual use of physical force and violence. Criminal Sexual Conduct, Second
Degree (CSC 2nd) is a felony punishable by up to twenty years in prison without
possibility of parole. One convicted of Criminal Sexual Conduct, Second
Degree, in South Carolina
must register as a sex offender.
Other forms of criminal sexual conduct are Criminal Sexual Conduct Third Degree,
which is a felony punishable by up to ten years imprisonment and a person
serving the sentence would be eligible
for early release and parole, but must register as a sex offender upon release.
Criminal Sexual Conduct with a minor is generally defined as someone over the age
of sixteen years old having, sexual relations, whether consensual or not, with someone
under the age of sixteen. Depending on the age of the accused and the age of
the alleged victim the offense can be Criminal Sexual Conduct, First Degree or
Criminal Sexual conduct, Second Degree.
Other offenses include lewd act upon a minor and indecent exposure along with
attempt to commit a particular offense and other offenses.
If you have been arrested and accused of having committed any type of sexual
assault you may contact the Law Office of M. Gregory McCollum. We have
defended numerous individuals charged with these types of offenses. If you
have not been arrested and believe you will be accused of such a crime or
believe the police are investigating you for a sexual assault contact our office
as soon as possible for a consultation.
What will happen on your case, depends upon many factors. Having an experienced
and qualified criminal defense lawyer is one of those factors. Every case is
unique and different defenses are available on different cases. If you are
interested in a consultation, please contact the Law Office of Greg McCollum for
an appointment.
Following are some examples of cases that Attorney Greg McCollum has handled.
These are provided to give you information which may be helpful. Often, people
think that because they were arrested and charged with a criminal offense that
there is nothing they can do about it, and that the situation is hopeless or
futile. It is important to know that an arrest and charge is only an accusation,
and that a person is not automatically deemed to be guilty. In some cases the
person is innocent, in other cases the state lacks sufficient evidence to
convict, and sometimes the person has been charged with a greater offense than
the state can prove, which can result in charges being reduced or dismissed
completely. What can or will occur on your case can not be predicted with
absolute certainty. The practice of law is not a science dependent on absolute
rules. Law must be interpreted and applied to a particular set of facts, which
may or not be proven. What will happen to your case depends upon several factors
and each case is unique.
When reading results from past cases it is important to know that any result
Attorney Greg McCollum may achieve on behalf of one client does not necessarily
indicate similar results can be obtained for other clients.
Sample Cases Handled by Attorney
Greg McCollum
State of
South Carolina
vs. R.G. JURY TRIAL Verdict-Not Guilty
Criminal Sexual
Conduct with a Minor Second Degree (one Count)
Criminal Sexual
Conduct, Second Degree (one Count)
The client, a grown man, was charged
with the crimes of criminal sexual conduct with a minor, second degree after
being accused of sexually assaulting, on separate occasions, two young women,
one under the age of sixteen, while staying at the house where they resided.
The client had been extradited to South Carolina from out
of state. He was held in J. Reuben
Long Detention Center for over six months prior to retaining our office to
represent him in state circuit court, also known as the court of general
sessions or state criminal court.
After being retained, our office filed motions to lift the bench warrant which
had prevented his release from jail.
After going to court, an order was issued by the Court lifting the bench
warrant, so the client could be released from jail.
Later that year the case was called for a jury trial, with the state electing to
proceed on the charge that he sexually assaulted a minor under sixteen years of
age and he was tried on the indictment for Criminal Sexual Conduct with a Minor
in the Second Degree. The client
faced up to twenty years in prison without possibility of parole, which would
have required him to serve at least eighty-five percent of a sentence he
received if convicted. In addition
to the possibility of a lengthy period of incarceration, the client would have
been required to register as a sex offender, and be placed on the South Carolina
Sex Offender Registry and the Sex Offender Public Data Base.
After a jury trial, at the Horry County Judicial Center Conway, South
Carolina, which lasted two days, the jury returned a verdict of Not Guilty.
The second charge was dismissed at a later date without being called for
trial.
State of South Carolina vs. S.G. (2011) JURY TRIAL
Verdict-Jury Deadlocked Hung Jury Mistrial
Criminal Sexual Conduct with a minor, second degree
Lewd act on a minor
Kidnapping
The case was set for trial by jury in March of 2011 after the client was offered
a guilty plea to Criminal Sexual Conduct with a minor and a sentence of fifteen
years in prison without possibility of parole. The client would also be
required to register as a sex offender. The state witnesses testified that
the accused client had taken the young woman, who was fourteen years old at the
time of the alleged sexual assault and had sexual intercourse with her before
taking her home. The police testified that the client had given a
statement admitting that he had sex with her and played a tape recorded
statement of the client "confessing" to the crime. Witnesses for the state
testified inconsistently about many facts, including the alleged victim
contradicting herself regarding an earlier statement to the police regarding
where and how the assault occurred.
After a three day trial the jury could not reach a verdict on any of the charges
and the judge eventually declared a mistrial. The client was released on
his same bond and was free to leave.
Later the client accepted a guilty pleas offer to probation for three years for
the offense of Assault and Battery, second degree to avoid a possible retrial of
the case.
