At the Law Office of James R. Snell, Jr., we understand how scary and confusing it can be to learn that you or someone you love is accused of sexually abusing a child. These allegations can seem to come out of nowhere and disrupt every part of your life. A phone call from a detective can leave you worried about your family, your job, your reputation, and your freedom.
In South Carolina, the possible charge depends on the allegations. One charge is criminal sexual conduct with a minor, often referred to as CSC with a minor. The degree of the charge depends on factors such as the alleged conduct, the ages of those involved, and other circumstances. Whatever terminology the detective uses, take the investigation seriously from the beginning.
Even an allegation without independent supporting evidence can create a significant risk of arrest. An arrest can bring news coverage, social media attention, and public shaming before the accusation has been tested in court. A conviction can carry a substantial prison sentence and sex offender registration requirements. If you are supporting an accused family member or friend, helping them speak with an attorney promptly can be one of the most useful things you do.
You do not have to wait for an arrest or a court date to obtain help. We offer representation as soon as you believe you will be suspected of a crime, have been accused, or learn you are actually under a police investigation.
Your first instinct may be to explain that nothing happened. You may believe that if the detective hears your side, the investigation will end. Before having that conversation, however, you need to understand how your answers could be used.
Do not discuss the allegations with a detective over the telephone or in person unless you have consulted with an attorney and been advised that doing so is in your best interest. This includes an invitation to stop by the station, answer a few questions, or “clear things up.”
A denial does not necessarily persuade an investigator to close a case. Investigators know that guilty people may deny accusations, so saying “I did not do it” may do little to change their assessment. They may continue questioning you to obtain details that support part of the accusation or help them build their version of events.
For example, while denying misconduct, you might confirm that you were at a particular location, knew the child, or were alone with the child on a particular occasion. Those facts may be entirely innocent, but investigators may use them to support other parts of the allegation. An uncertain answer or an innocent mistake about a date can also create problems later.
You can be polite and clear: “I am exercising my right to remain silent. I want to speak with an attorney before answering any questions.” Then stop discussing the allegations. You do not need to explain your decision or persuade the detective that asking for a lawyer is reasonable.
The same caution applies to searches. Do not consent to a search of your home, office, automobile, phone, or other electronic devices unless you have consulted with an attorney and been advised that consent is in your best interest. Do not assume that handing over your phone or signing a consent form will make the accusation disappear.
You can say, “I do not consent to a search.” Police may nevertheless have authority to search under a warrant or a recognized exception to the warrant requirement. Do not physically interfere with officers. Contact your attorney promptly, preserve potential evidence, and do not delete messages, erase devices, or destroy records.
You should also understand that detectives do not always have to tell you the truth during questioning. South Carolina courts have allowed statements obtained through certain deceptive tactics, including misrepresentations about evidence, when the statements were otherwise voluntary. A detective may claim to have evidence or information that the detective does not actually possess. There are legal limits, including the prohibition against coerced confessions, but discovering that a detective lied does not automatically make your statement inadmissible.
Investigators may also use structured interrogation techniques, including the widely taught Reid Technique. Its interrogation phase uses psychological approaches intended to obtain admissions from people investigators believe committed an offense. Critics have raised concerns about the risk of false confessions associated with pressure and deceptive tactics. You should not assume that being innocent makes answering questions without legal advice risk-free.
Another dangerous assumption is that a case cannot move forward without DNA, medical findings, photographs, or another eyewitness. South Carolina Code Section 16-3-657 provides that the alleged victim’s testimony need not be corroborated in prosecutions covered by the statute, including CSC with a minor. Testimony itself is evidence. Independent supporting evidence is not always legally required.
That does not mean an accusation automatically proves guilt. The State must still prove every element of the charged offense beyond a reasonable doubt. It does mean that “there is no other evidence” is not a safe reason to ignore an investigation or try to handle it yourself.
Everyone accused of a crime, including sexual abuse of a child, has constitutional protections. You may decline voluntary questioning about the allegations and consult an attorney before deciding whether to participate. You do not have to wait until you are arrested or charged to seek legal advice. Miranda warnings generally apply to custodial interrogation, so a detective’s failure to read you your rights during a voluntary conversation does not mean your answers cannot be used against you.
Exercising your rights and obtaining legal advice early can be among the most significant steps you take to protect against avoidable risks of arrest or conviction. No attorney can guarantee that an arrest will be prevented, but an attorney can evaluate the situation, communicate with investigators, and advise you about how to respond.
If you are a family member or friend, resist the urge to encourage the accused to “just explain everything.” Help arrange a consultation instead. Avoid contacting the child or the child’s family to challenge the allegation, asking anyone to change a statement, or posting about the case online. Preserve information you already have and let the attorney advise how it should be handled. Beyond exercising your rights, there are other steps that may be able to be taken proactively as part of a defense during an investigation depending on the exact situation. We can review all of your options with you during an initial consultation.
The Law Office of James R. Snell, Jr., offers free consultations and accepts cases in Columbia, Lexington, and throughout South Carolina. We recognize that allegations involving sexual abuse of a child are legal emergencies. Same-day consultations are typically available. If a detective has called you or someone you care about, call (803) 359-3301 to discuss the next steps before answering questions or consenting to a search.
This article provides general information and is not legal advice for a particular situation. All cases are unique. Prior results obtained by an attorney in one matter do not indicate that similar results can be obtained for other clients in other matters.