Does South Carolina Have Romeo & Juliet Laws?
Statutory rape laws in South Carolina are in place to protect minors from sexual predators and other adults who seek to take sexual advantage of adolescents. Unfortunately, statutory rape offenses can be a double-edged sword for some.
If two consenting parties who are only a year apart in age decide to engage in romantic or sexual relations, the penalties of a statutory rape charge can feel unjust or extreme.
Likewise, if two teenagers in a committed relationship have sexual relations after one partner turns 16 (the age of consent in South Carolina), the older partner can be charged with a sex crime. This is why some states honor a certain set of laws known as Romeo and Juliet laws.
Romeo & Juliet Laws, Explained
Also known as close-in-age exemptions, Romeo and Juliet laws are intended to limit the impact of statutory rape laws to the cases they were designed for: adult offenders who attempt to prey on adolescents by grooming, manipulating, or coercing consent to engage in sexual activity.
However, not every state has Romeo and Juliet laws. Some states only honor close-in-age exemptions if the individuals meet certain criteria or fall within a certain age gap.
For example, Alabama honors Romeo and Juliet laws if the involved parties are no more than 2 years apart, while Colorado honors them for couples up to 4 years apart. On a related note, Florida permits minors who are between the ages of 16-18 to lawfully engage in sexual relations with an individual who is no older than 23.
Statutory Rape in South Carolina
It’s crucial to understand that South Carolina does not honor Romeo and Juliet laws. This means that any individual 16 or older who engages in sexual relations with a minor (any individual under 16) can be charged with statutory rape regardless of age difference or whether the act was consensual.
What Constitutes Statutory Rape in SC?
Statutory rape is a sex crime defined as an adult who has any type of sexual relations with a minor. As denoted in the S.C. Code of Laws, the offense is also known as criminal sexual conduct with a minor.
Each state has its own unique laws and legal processes when it comes to charging and convicting statutory rape offenders. In South Carolina, the age of consent is 16, meaning that anyone 16 or older who has sexual relations with a younger party can be charged with a felony regardless of consent.
Penalties for Statutory Rape
Like other sex crimes in South Carolina, the penalties for statutory rape can be severe. S.C. Code of Laws §16-3-655 classifies statutory rape offenses in the following degrees:
First-Degree Criminal Sexual Conduct with a Minor
Offenders are guilty of statutory rape in the first degree if one of the following applies:
- The offender engages in sexual battery with a victim who is under 11 years old. This is a felony punishable by a minimum of 25 years in prison without suspension or probation.
- The offender engages in sexual battery with a minor under the age of 16 after having been previously convicted of a sex crime and/or is a registered sex offender. This is a felony punishable by no less than 10 years in prison with a maximum sentence of 30 years without suspension or probation.
Second-Degree Criminal Sexual Conduct with a Minor
A person is guilty of statutory rape in the second degree if one of the following applies:
- The offender engages in sexual battery with a victim who is 11-14 years old; or
- The offender engages in sexual battery with a victim who is 14-15 years old while in a position of familial, custodial, or official authority to coerce the minor’s consent.
Second-degree statutory rape is a felony punishable by up to 20 years in prison.
Third-Degree Criminal Sexual Conduct with a Minor
A person may be charged with statutory rape in the third degree if:
- The offender is at least 14 years of age and willfully commits/attempts to commit a lewd or lascivious act upon a child under 16 years of age. This is a felony punishable by a fine and up to 15 years in prison at the court’s discretion.
Sexual Battery with a Student
Sexual battery with a student is a related offense to the charges above. Under S.C. Code of Laws §16-3-755, it’s illegal for a private or public school employee to engage in consensual sexual penetration, sexual intercourse, anal sex, or oral sex with an enrolled student who is 16 or 17 years of age.
Offenders face the following consequences:
- A felony charge
- Up to 5 years in prison
In the event that a student is 18 years or older, one of two outcomes can apply:
- If the student is 18 years or older and the school employee had direct supervisory authority over that student, the offender may be charged with a felony punishable by up to 5 years in prison.
- In other instances regarding a student aged 18 or older, the offender is guilty of a misdemeanor punishable by up to 30 days in jail.
Can consenting parties be charged with statutory rape if they are both minors?
Yes. If two individuals aged 15 or younger engage in consensual sexual activity, they can still be charged with statutory rape in South Carolina. While this is rare, it’s not unheard of. Under South Carolina state law, anyone under the age of 16 cannot legally consent to sexual activity and can be charged with a criminal offense.
Strategic Legal Defense for the Accused in SC
The penalties for a sex crime conviction can be lifelong. If you've been charged with a criminal offense in South Carolina, it’s imperative to turn to a trusted criminal defense attorney who can fiercely defend your rights in court.
The Law Office of James R. Snell, Jr., LLC has proudly served the people of Lexington and surrounding communities since 2004. You can count on our seasoned criminal defense attorneys to prioritize your best interests from start to finish. If you’re facing criminal charges, you deserve an experienced legal advocate who will aggressively defend your rights.
Our firm understands how frightening it can be to be arrested for a crime. We also know that time is of the essence. If you’re preparing for criminal proceedings, turn to a firm you can trust. Reach out today to discuss your case with a dependable Lexington criminal defense attorney.
If you've been charged with a sex crime in Lexington or the surrounding area, it's critical to seek a strong legal defense. Our firm can help protect your future. Call (803) 359-3301 to request a free same-day consultation.