The age of consent in South Carolina is generally 16 years old.
South Carolina has serious criminal laws concerning sexual activity with minors. One of the primary offenses is Criminal Sexual Conduct with a Minor, which can apply when someone is accused of sexual activity with a person who is below the legal age of consent. This offense is a felony, and a conviction can result in a lengthy prison sentence and mandatory sex offender registration.
What may be called "statutory rape" in other jurisdictions is generally prosecuted under South Carolina's Criminal Sexual Conduct with a Minor laws. These are serious sex crime charges that should never be taken lightly.
If you have been accused of, are under investigation for, or have been charged with a sex crime involving a minor, you should seek legal advice immediately. The Law Office of James R. Snell, Jr., LLC has more than 20 years of experience representing clients in criminal investigations and prosecutions involving allegations of statutory rape, Criminal Sexual Conduct with a Minor, Sexual Exploitation of a Minor, and other sex offenses. Our attorneys provide sex crime defense in Lexington, Columbia, and throughout South Carolina.
Exception #1: Sexual Exploitation of a Minor
One aspect of South Carolina law that surprises many people is the distinction between the age of consent for sexual activity and the laws concerning sexually explicit photographs and videos.
Although the age of consent in South Carolina is generally 16, that does not mean it is legal to create or possess sexually explicit photographs or videos of a 16- or 17-year-old. South Carolina's Sexual Exploitation of a Minor laws apply to sexually explicit material involving individuals under 18.
This means that sexual conduct may present a different legal issue from photographing or recording that conduct. Creating, possessing, or distributing sexually explicit photographs or videos involving a minor can result in separate and extremely serious felony charges.
Sexual Exploitation of a Minor offenses can result in significant prison sentences and mandatory sex offender registration. Charges may arise even when the minor allegedly consented to the photograph or recording or created the material themselves.
These cases are frequently investigated by law enforcement agencies participating in Internet Crimes Against Children, or ICAC, investigations and may involve the South Carolina Attorney General's Office.
Exception #2: Student Sexual Battery
Another important exception involves Student Sexual Battery.
South Carolina law places additional restrictions on sexual activity involving students and certain people associated with schools. As a result, the fact that a student is 16, 17, or even 18 or older does not necessarily mean sexual activity with a school employee is lawful.
Depending on the circumstances, Student Sexual Battery can be prosecuted as a misdemeanor or felony, with felony offenses carrying the possibility of up to five years in prison, as well as possible sex offender registration.
The law can apply to people working in school environments, including teachers, coaches, administrators, and other school employees. The specific ages of the people involved, their positions, and the nature of their relationship can be important in determining whether the statute applies.
Exception #3: South Carolina's Romeo and Juliet Law
South Carolina law also provides a limited close-in-age defense in certain cases. This is sometimes referred to as South Carolina's Romeo and Juliet law.
Under certain circumstances, a defense may be available when the younger person is at least 14 years old and the accused is 18 years old or younger. The difference in age between the two individuals must also fall within the limits established by South Carolina law.
This is a specific statutory defense, not a general rule that makes all sexual activity between teenagers legal. Whether this defense applies depends on the ages of the individuals involved, the particular charge, and the facts of the case.
What Should You Do If You Are Accused of a Sex Crime?
Being accused of or charged with a sex crime should be treated as an urgent legal situation. Seeking advice from a criminal defense attorney early in an investigation can help you understand your rights and avoid decisions that may make your situation more difficult.
There may be legal and factual defense strategies available depending on the circumstances. No two cases are exactly alike, and the appropriate strategy depends on the allegations and evidence.
Under Investigation But Not Charged?
Many people contact our office before an arrest has been made.
If you have learned that someone has accused you of inappropriate sexual conduct, or if a police officer or investigator has contacted you, you do not have to wait until you are arrested to contact an attorney.
Law enforcement may ask you to come to the police department for an interview, answer questions, provide a written statement, or consent to a search of your phone or other electronic devices. Before agreeing to these requests, you should understand your constitutional rights and the potential consequences of your decision.
A person accused of a crime generally has the right to remain silent and may decline to answer investigative questions. You also generally do not have to voluntarily consent to a search. If police have a valid search warrant, different considerations apply.
You may tell an investigator that you wish to remain silent and want to speak with an attorney. Our lawyers provide defense during police investigations, and can be contacted as soon as you believe you may be at risk of being accused or investigated for a crime.
What Defenses Are Available?
The defenses available in a South Carolina sex crime case depend heavily on the particular charge and evidence.
An attorney may need to consider whether an accusation is false or exaggerated, whether witnesses have provided inconsistent statements, whether there is sufficient evidence that prohibited sexual conduct occurred, whether digital evidence supports or contradicts the allegations, and whether law enforcement followed proper procedures during its investigation.
In some cases, an accusation may originate with a parent or another third party rather than the alleged victim. Other cases may involve disputes concerning what actually happened, when it happened, or the ages of the people involved.
Statements about age can also be relevant to the investigation, although whether a mistake or misrepresentation concerning someone's age provides a legal defense depends on the particular offense charged. You should not assume that being told someone was older automatically provides a defense.
Quick Action Can Help
It is never too early to contact a criminal defense attorney about a potential sex crime investigation.
If you believe someone may be about to accuse you of a crime, or you do not even know whether the police have been contacted, you can still obtain legal advice. Early involvement gives your attorney an opportunity to understand the allegations, advise you about communications with law enforcement, and determine what other steps may be appropriate.
This can be important whether you believe you made a mistake, completely deny the accusation, or believe the allegations have been exaggerated.
Can Someone Be Arrested Based on an Accusation?
You should not assume that police will refuse to make an arrest simply because there is no physical evidence.
Depending on the circumstances, a complaining witness's statement may itself constitute evidence that law enforcement considers when seeking an arrest warrant. South Carolina law does not impose a universal requirement that every allegation of a sex offense be supported by independent physical or forensic evidence before criminal charges can be pursued.
This is one reason why someone who learns that they are the subject of a sex crime investigation should take the situation seriously even if they believe there is "no evidence."
Who Investigates Sex Crimes in South Carolina?
Sex crime investigations in South Carolina may be handled by municipal police departments, county sheriff's departments, state agencies, or a combination of agencies.
In the Columbia and Lexington areas, investigations may involve agencies such as the Lexington County Sheriff's Department and Richland County Sheriff's Department. Sheriff's departments in surrounding counties, including Aiken, Saluda, Newberry, Orangeburg, Calhoun, and Kershaw counties, also investigate sex crime allegations within their jurisdictions.
Municipal police departments can also investigate alleged sex crimes occurring within their jurisdictions. In the Midlands, these may include police departments serving communities such as Columbia, Lexington, Irmo, West Columbia, Cayce, South Congaree, Springdale, Pine Ridge, Gaston, Pelion, Forest Acres, Camden, Batesburg-Leesville, Saluda, and Newberry.
Depending on the type of case, other agencies may become involved, particularly when allegations concern electronic communications, computers, smartphones, or sexually explicit images involving minors.
Regardless of which agency is investigating, remember that law enforcement's job is to investigate suspected criminal activity. An investigator is not your attorney and does not represent your interests. If you are the target of an investigation, you have the right to obtain your own legal advice.
Contact a South Carolina Sex Crime Defense Attorney
The Law Office of James R. Snell, Jr., LLC represents people who are under investigation or have been charged with sex crimes in Lexington, Columbia, and throughout South Carolina.
We offer free and confidential initial consultations. Same-day appointments are typically available. If you have been contacted by law enforcement, believe you are under investigation, or have already been arrested, call (803) 359-3301 to schedule an appointment.
The sooner you obtain legal advice, the sooner you can understand your rights, the charges you may be facing, and the options available for addressing the investigation or criminal case.
Disclaimer: This information is provided for general informational purposes and is not legal advice. Every case is unique, and the applicable law and available defenses depend on the specific facts and circumstances. Prior results obtained by the attorney in one matter do not indicate that similar results can be obtained for other clients in other matters.