If you’re being investigated—or fear you may be—based on a decades-old accusation of child sexual abuse, it’s critical to understand South Carolina’s law on the criminal statute of limitations for sexual abuse.
No Criminal Statute of Limitations for Sexual Abuse in South Carolina
Unlike some states, South Carolina does not have a criminal statute of limitations for felony sexual offenses involving minors. This means that an individual can be arrested and prosecuted for child sexual abuse—even if the alleged conduct occurred in the 1990s, 1980s, or earlier.
There is no legal time barrier preventing law enforcement or prosecutors from pursuing charges based on these old allegations.
Arrests Can Be Made with No Corroboration
Under South Carolina law, a child sex abuse allegation does not require corroborating evidence. A person can be arrested, prosecuted, and brought to trial based solely on the accuser’s story—no physical evidence or witness testimony is required to move a case forward.
This is especially troubling in cases involving events from years or decades ago, when potentially helpful witnesses are unavailable, memories have faded, and records like travel or employment history may no longer exist.
Defending Against Old Allegations Is More Difficult
Defending against an accusation of sexual abuse from long ago presents serious challenges:
Loss of evidence: Crucial records, such as work schedules, phone logs, or school records, may be lost or destroyed.
Unavailable witnesses: Friends, coworkers, or other alibi witnesses may be deceased or impossible to find.
Outdated laws: The charge will be based on the law in effect at the time of the alleged offense, not current law. Prosecutors, police, and even judges may be unfamiliar with the older legal standards.
Courts Allow “Blind Expert” Testimony to Justify Delayed Reports
To support delayed disclosures, South Carolina courts allow the State to introduce testimony from blind experts—mental health professionals who testify about patterns in abuse victims, including why they may wait years or decades before reporting. These experts do not review the facts of the specific case and never meet the accuser or accused. Yet their generalized testimony can have a strong effect on jurors.
This is especially concerning in older cases, where the defense may have limited ability to offer rebuttal evidence or context.
What Should You Do If You’re Accused of Sexual Abuse from Years Ago?
Even if you haven’t been arrested yet—if you’ve only heard rumors, or been questioned about past events—it is essential to consult a defense attorney before speaking with law enforcement or anyone else. A single statement made without legal guidance can be misinterpreted and used as evidence later on.
Contact a South Carolina Criminal Defense Attorney Today
At the Law Office of James R. Snell, Jr., LLC, we represent individuals accused of sexual offenses in Lexington, Columbia, and across South Carolina. We have experience defending cases involving delayed allegations and understand how to challenge these charges at every stage.
We offer free and confidential consultations. If you are under investigation or have been arrested for sexual abuse—no matter how long ago the allegation stems from—call us today at (803) 359-3301 to speak privately with an attorney.