Criminal sexual conduct is a broad legal category in South Carolina that covers offenses ranging from statutory rape and date rape to child molestation, depending on the ages involved and the circumstances of the case. The following answers explain how these charges are defined under South Carolina law, how they apply when a minor is involved, and what can happen once someone is charged.
Frequently Asked Questions
What is criminal sexual conduct with a minor?
Criminal sexual conduct with a minor is one of two things. One could simply be what’s called statutory rape where somebody has consensual sex with their boyfriend or girlfriend. Sometimes you see this with teenagers, even though no one thought they did anything illegal, they can be charged with a crime, and the older person is the one charged. It’s not based on gender.
If the girl is a day older than the boy and they’re both minors, then she’s the one that’s charged with criminal sexual conduct. It also applies in the more serious circumstances of child molestation where there’s stages where minor under 11, a kid who’s 11 to 14 or under 16 but over 14, and they carry varying penalties. All of them are extremely serious. They’re all considered to be violent crimes.
They’re all considered to be crimes where if someone is sentenced, they will go on the sex registry and they will serve 85% of their sentence. So if a person gets sentenced on those offenses, they’re not eligible for parole. It’s as serious as anything such as drug trafficking or homicide, that type of thing.
That serious of a nature. So it’s certainly something where everyone who’s being investigated or charged with that needs the best legal representation they can get.
What is criminal sexual conduct?
Criminal sexual conduct in South Carolina includes the crimes of sexual assault, sometimes referred to as rape, child molestation depending on the age, statutory rape where minors have consensual sex but it is illegal, and date rape situations. Criminal sexual conduct covers all of those, and each one is unique in its own way.
Criminal sexual conduct with a minor under the age of 11 is treated the same as a murder case in terms of bond and how a person can have bond set. These are extremely sensitive cases. They carry a great deal of issues with them, in terms of people’s reputation, shame and humiliation, and how people react to it. So it is very important that you have a good legal defense team helping you.
This needs to be in place from the very beginning, immediately after you are charged, or if you are being questioned, or if there is a warrant for you, you do not want to hesitate to act. You could end up sitting in jail for a month or so before you get out if it is one of these types of charges.
What will happen if I am charged with criminal sexual conduct?
Criminal sexual conduct in South Carolina refers to the crime of sexual assault, sexual assault on a minor, what people sometimes refer to as date rape, rape, sexual assault, child molestation, those all fall under the term criminal sexual conduct. If you’re being investigated for criminal sexual conduct, it could be with someone that you dated, someone that you knew, it could be the child of a friend or relative.
Those are the most serious type charges. Criminal sexual conduct with a minor under 11, that’s treated pretty much the same as a murder case. If you’re arrested and charged with that, you cannot have bond set by the magistrate at the jail, you have to go to circuit court, just like you’re charged with murder. The penalty for that offense in South Carolina is 25 years to life, so nothing could be more serious.
These cases have been seen over and over, where people were innocent, where they were falsely accused, many times in child custody or divorce-type situations. If you find yourself in that type of situation, it’s very important to get the best legal advice that you can get as quickly as possible.
If you have questions about criminal sexual conduct charges in South Carolina, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.
