Whether you’re seeking to defend yourself against such allegations or looking for advice on how to help a loved one facing charges in this situation, speaking with an experienced Columbia criminal defense lawyer is essential. Consulting an attorney can provide you with the legal assistance necessary for these sensitive charges.
The team at Jeffcoat Criminal Defense Lawyers regularly handles these types of cases, and we fully understand how this can affect your life. For help, contact us today to schedule a free consultation with a Columbia sex crime lawyer. Give us a call at (803) 373-1706.
How Jeffcoat Criminal Defense Lawyers Can Help If You’re Arrested For a Sex Crime in Columbia, SC
Here are several ways we can assist you:
- We will investigate and review all evidence to find inconsistencies or potential rights violations while building your defense.
- We will provide both legal guidance and emotional support throughout this challenging time.
- We will ensure absolute confidentiality when handling sensitive details related to your case.
- Our Columbia sex crimes attorneys will negotiate with prosecutors for plea deals or reduced charges wherever possible.
- We will represent you at trial if an agreement cannot be reached.
Connecting with an accomplished legal team is a crucial first step if you’ve been accused of a sex crime. Reach out to Jeffcoat Criminal Defense Lawyers for a free initial consultation with a Columbia criminal defense attorney.
Overview of Sex Crimes in South Carolina
In South Carolina, the law strictly prohibits sexual acts carried out without consent, when there is an inability to provide legitimate consent, or when consent is given under duress. Unlawful sexual misconduct like this typically leads to charges of criminal sexual misconduct or sexual assault and battery, as South Carolina law does not use the term rape.
Some of the most common sex crime charges in South Carolina include:
First-Degree Criminal Sexual Conduct
Establishing first-degree criminal sexual conduct involves proving that the defendant engaged in acts defined as sexual battery and that one or more of the following criteria is met:
- The accused employed aggravated physical force or threatened to use a deadly weapon
- The victim consented to the act under forcible confinement, kidnapping, trafficking, robbery, burglary, extortion, or something similar
- The victim was drugged by the defendant without their consent, making the victim mentally incapacitated or physically helpless
In South Carolina, criminal sexual conduct in the first degree is one of the most serious offenses relating to non-consensual sex acts.
Second-Degree Criminal Sexual Conduct
Second-degree criminal sexual conduct in South Carolina occurs when an individual coerces another into a non-consensual act defined as sexual battery by making threats of force or violence of a high and aggravated nature.
Third-Degree Criminal Sexual Conduct
Criminal sexual conduct in the third degree occurs when a defendant commits sexual battery against a person through the use of force or coercion or when they knew or had a reason to know that the victim was mentally or physically incapacitated.
Spousal Sexual Battery
Spousal sexual battery occurs when one spouse commits sexual battery against their partner that involves the use of aggravated force. Aggravated force in these cases includes the actual or threatened usage of a weapon, as well as physical force of a high and aggravated nature.
What Are the Penalties For Sex Crime Convictions in South Carolina?
Penalties for sex crimes in South Carolina can be severe and vary greatly depending on the nature of the offense. For certain charges, individuals can face felony charges and be sentenced to up to 30 years imprisonment along with substantial fines.
Those convicted are also generally required by law to be on the sex offender registry, which can have severe consequences on a person’s personal and professional life.
Individuals might also face probation, during which they must comply with various conditions outlined by a judge – often including regular check-ins with a probation officer, remaining drug and alcohol free, as well as potential restrictions on their activities and movements.
Collateral Consequences of Sex Crime Convictions
A conviction for a sex crime brings other serious consequences beyond those handed down by the court, including:
Employment Challenges
Finding or maintaining employment can become incredibly complex after a sex crime conviction, as potential employers may be reluctant to hire someone with such a severe criminal record. Jobs that you were qualified for before could potentially remain closed. If you’re in a field that requires a professional license, you may lose it or not be able to obtain one after a sex crime conviction.
Housing Difficulties
Securing housing can also present challenges, as landlords typically perform background checks. They may be hesitant or simply refuse to rent to individuals with a sex crime conviction, fearing potential legal liability or safety concerns among tenants. When you register as a sex offender, it also limits where you’re allowed to live.
Educational Opportunities
Education pathways can also be significantly impacted. Being accepted into universities or applying for student loans can become more complicated when a criminal history check reveals a sex crime conviction. This may not only limit academic options but also affect qualifications for state assistance or scholarships.
Social Stigma and Isolation
The intangible effects of a sex crime conviction can include social stigma and isolation. Sex crime accusations and convictions often carry long-lasting personal consequences, leading to damaged relationships with friends, family, and the community.
Any individual convicted of sex crimes may experience significant consequences, making it incredibly important to reach out to a criminal defense lawyer as soon as possible.
What Defenses Can Be Raised If I’m Arrested For a Sex Crime in Columbia, SC?
If you’re arrested for a sex crime, several defenses can be raised, most often including:
Consent
One of the main defenses to any type of sexual assault charge involves proving the encounter was consensual since this would negate any implication of criminal behavior. Consent can be demonstrated in several ways, depending on the specifics of a case. It might involve witness testimony from individuals who were present or would have personal knowledge of the situation at hand.
Any text messages, social media communications, or other recordings that suggest there was a mutual willingness to engage in certain activities could also support an argument for consent.
Alibi
An alibi defense argues that you were somewhere else at the time the alleged crime was committed, showing that it would have been impossible for you to be responsible. This typically involves presenting concrete evidence that places you elsewhere during the time frame of the alleged offense. This evidence might include witness testimony, video footage, or phone records.
Mistaken Identity
A mistaken identity defense can be raised in situations where the defendant is incorrectly identified as the perpetrator. This could be a result of poor lighting, over-eager witness identification, or law enforcement practices that could potentially influence a skewed eyewitness account, such as improperly conducted lineups or suggestive questioning.
False Allegations
In some sex crime cases, claims are made despite the fact that the incident never actually took place. A defense against these false accusations involves discrediting the prosecution’s evidence, questioning the credibility of the alleged victim’s story, and exposing ulterior motives for making such a claim.
Successfully defending against sex crime charges demands a comprehensive legal strategy tailored to the circumstances of your case. Contact a criminal defense attorney in Columbia as soon as possible.
Being charged with a sex crime is one of the most stressful events anyone can go through, given the stakes inside and outside court. It’s essential to have a compassionate yet vigorous defense strategy in place for these sensitive situations.
If you or someone close to you requires representation for a sex crimes charge in Columbia, we’re here to help. Contact Jeffcoat Criminal Defense Lawyers to schedule a free consultation with a Columbia sex crime lawyer.
