Sexual assault charges in South Carolina are categorized under assault and battery, which relate to injuring the victim or attempting to injure them. When the act itself is of a sexual nature, it can be classified as sexual assault. The matter crosses over to criminal sexual conduct – or rape – when sexual penetration applies. If you have been charged with sexual assault, the time to consult with an experienced criminal defense attorney is now.
Considering Assault and Battery Charges
South Carolina assault and battery charges break down into four specific levels, but only two include the sexual component necessary for a sexual assault charge. Consider the following:
- Assault and battery of a high and aggravated nature
- First-degree assault and battery with a sexual component
- Second-degree assault and battery with a sexual component
- Third-degree assault and battery
First-Degree Assault and Battery – Sexual Assault
For the charge of sexual assault to apply at the level of first-degree assault and battery, each of the following factors must be present:
- The accused touched the victim in an area that’s considered private, including the genitals, buttocks, or breasts, in the case of a woman.
- Touching was either on top of or beneath the victim’s clothing.
- The accused had lewd and lascivious intent, which means the act was lustful, sexually motivated, obscene, or indicative of sexual desire.
- Did the accused cause the victim to suffer unlawful injury?
A conviction for first-degree sexual assault is a felony that carries up to 10 years in prison and potential inclusion on the sex offender registry.
Second-Degree Assault and Battery – Sexual Assault
The charge of second-degree assault and battery with a sexual component involves the same elements as first-degree assault and battery, but the level of force involved is less. Second-degree sexual assault can apply to attempted assault, to the use of coercion, rather than direct force, or the use of credible threats. The charge is a misdemeanor, and a conviction carries a penalty of up to three years in jail and fines of up to $2,500.
Sexual Assault with a Weapon
When the sexual assault charge involves either an openly carried or concealed deadly weapon, the additional charge of committing a crime with a deadly weapon applies. A lethal weapon in this context can be a gun or a knife, but anything that could be used to kill another person qualifies, including a heavy tool, a baseball bat, or a pipe.
Reach Out to Our Experienced Sexual Assault Lawyer Today
The well-respected South Carolina sexual assault attorneys at Beasley Tomlinson Law are committed to unleashing the full force of our impressive legal insight and skill in a focused defense of your rights and pursuit of your case’s best possible resolution. We serve the cities of Greenville, Spartanburg, Mauldin, Easley, Simpsonville, Pickens, Greer, Duncan, as well as the counties of Greenville, Spartanburg, Pickens, and Florence. Learn more by contacting us online or calling 864-775-5787 today.
