At the Law Office of James R. Snell, Jr., LLC, we are familiar with the challenges educators face when charged with serious criminal offenses, including sexual battery with a student. In recent years, there has been an increase in the number of these cases throughout South Carolina. Our office has the knowledge and experience necessary to help individuals navigate these difficult and complex allegations.
Understanding the Law: S.C. Code § 16-3-755
In South Carolina, it is a felony for a person affiliated with a school to engage in sexual activity with a student, even if that student is otherwise legally old enough to consent. Generally, the age of consent in South Carolina is 16. However, S.C. Code § 16-3-755 makes it illegal for a school employee, volunteer, or contractor to have sexual contact with a student enrolled at the same school, regardless of the student's age.
Key definitions under the statute include:
Person affiliated with a school: This includes teachers, coaches, staff members, volunteers, contractors, or anyone else working in or associated with a school setting.
Student: A person enrolled in a public or private elementary or secondary school.
Sexual battery: Defined broadly under South Carolina law, it includes sexual intercourse, oral sex, anal sex, or any intrusion, however slight, into genital or anal openings.
Because of how this law is written, claims of consensual relationships or student-initiated contact are not a defense. Even if the student was a willing participant, the law imposes strict liability based on the teacher or employee's position of authority.
Potential Penalties
Charges under this law are serious. They are prosecuted in General Sessions Court by either the Solicitor’s Office or the South Carolina Attorney General’s Office. A conviction can lead to:
Up to five years in prison
Mandatory registration as a sex offender
Loss of a teaching certification or eligibility for future educational employment
In addition to the primary charge, individuals may also face related accusations such as contributing to the delinquency of a minor or criminal solicitation of a minor, which can further complicate the case and increase potential penalties.
The Importance of Legal Representation
If you believe that you are under investigation or have been accused of having sexual contact with a student, it is absolutely critical that you consult with a lawyer immediately. You have the absolute right to remain silent, and you should not make any statements or participate in any investigation without first receiving legal advice.
Many cases begin with an internal investigation by school officials or law enforcement before any charges are filed. What you say during these early stages can have a major impact on your case later.
Available Defense Strategies
Being charged does not mean you will be convicted. There are legal defenses and strategies available to challenge unfair or false allegations. In addition, even when the evidence is strong, there are approaches to seek reductions in sentencing or alternative outcomes that can minimize the long-term consequences.
We offer free consultations for those facing accusations of sexual battery with a student. Our office is located at 123 Harmon Street in downtown Lexington, South Carolina. To schedule your consultation, call us today at (803) 359-3301.
We represent clients in Lexington, Columbia, Winnsboro, Greenville, Charleston, and throughout the entire state of South Carolina.
Facing a charge of sexual battery with a student is a serious matter. Make sure you protect yourself, your rights, and your future by getting legal help as soon as possible