Sexual Assault

What is rape or sexual assault called in South Carolina?

There are many different crimes that contain elements of rape or sexual assault in SC: Criminal Sexual Conduct – 1st Degree, Criminal Sexual Conduct – 2nd Degree, Criminal Sexual Conduct – 3rd Degree, Assault & Battery – 1st Degree, Assault & Battery – 2nd Degree, Assault with Intent to Commit Criminal Sexual Conduct, and Spousal Sexual Battery.

How long does a victim have to report a sexual assault?

For a Criminal Charge: South Carolina does not have a statute of limitations for sexual assault for a criminal charge. This means that a sexual assault can still be reported years after it is committed. However, as with most crimes, the closer in time to the offense that the offense is reported, the more likely the chance of a successful investigation and prosecution of the offense in general. Law enforcement is better able to collect available evidence shortly after the offense. For a Civil Lawsuit: An action to recover damages for injury to a person arising out of an act of sexual abuse or incest must be commenced within six years after the person becomes twenty-one years of age or within three years from the time of discovery by the person of the injury and the causal relationship between the injury and the sexual abuse or incest, whichever occurs later. SC Code Section 15-3-555 (A). For Title IX: Until the offender graduates/is no longer a student at the institution for a Title IX Complaint.

Can it be sexual assault even if the victim and the offender have been intimately involved?

Absolutely! Criminal offenses are not limited to non-intimate partner sexual assault, or stranger or acquaintance sexual assault. A victim can be sexually assaulted by a spouse or someone he or she is dating or has dated.

I was sexually assaulted by my spouse. Can I report the assault?

South Carolina does recognize sexual assault between spouses. The law in South Carolina is called Spousal Sexual Battery. However, this is the one sexual assault law in South Carolina that does require the offense to be reported within a certain amount of time – if the spouses are living together and not estranged, then the sexual assault must be reported to law enforcement within thirty (30) days of the offense. In addition to this timeline requirement, the law requires that the offender must have accomplished the sexual battery through use of aggravated force. This means the offender either used or threatened the use of a weapon, or used or threatened the use of physical force or physical violence of a high and aggravated nature. Further, this law between spouses only applies to a “sexual battery.” Inappropriate touching or groping, absent some type of penetration, would not qualify as an offense under this particular law.

How does a victim report a sexual assault?

There are several options for reporting. You can call 911 in an emergency or contact the non-emergency line for less urgent situations. Another option is to visit a local police agency in person. Additionally, you can ask medical personnel to contact law enforcement on your behalf or request assistance from a community-based advocate to make the report.

Does a victim need proof/evidence of the sexual assault?

Yes, for a criminal charge to be brought, evidence is required. However, a survivor’s statement to law enforcement about what occurred is considered evidence. This statement is one piece of evidence that will be evaluated to determine whether there is enough evidence, or probable cause, for law enforcement to make an arrest. In some cases, the survivor’s statement alone may be compelling enough to justify an arrest. However, additional evidence, known as corroborating evidence, can help build a stronger case for prosecution.

Evidence can take many forms, including photographs of the survivor’s injuries, clothing worn during the assault, text messages and voicemails from the perpetrator, social media posts or messages by the perpetrator or others, medical treatment records, and photographs of the location where the assault occurred, as well as any items from the scene. These are just a few examples—many types of evidence can be valuable in an investigation.

Additionally, law enforcement should be informed of anyone who may have witnessed the assault. This is not limited to individuals who directly witnessed the act but also includes anyone the survivor interacted with immediately before or after the assault. These indirect witnesses may provide information about the survivor’s distressed demeanor, whether they were in a state to give consent, or any statements they made about experiencing sexual assault.

Can a victim have a sexual assault examination at the hospital even if they are unsure they will report to law enforcement?

Absolutely! Some victims aren’t sure if they want to go forward with a criminal investigation, but they want to make sure the evidence is available if they decide to report the sexual assault to police. A victim of sexual assault can undergo a Sexual Assault Forensic Examination, or what is frequently called a CSC Kit or Rape Kit, and ask that the kit remain anonymous. Hospitals are required to hold the kit for one year, for the victim to decide how he or she wants to proceed. While one major benefit of the Sexual Assault Forensic Examination is the collection of evidence, another very important part of the examination is the treatment and health component for the victim. A Sexual Assault Forensic Examination includes medicine for the victim to help prevent sexually transmitted infections and pregnancy as a result of the sexual assault.

Do I have to report the assault or abuse to my doctor in order to have criminal charges filed against the abuser?

No. However, if the victim suffered any injuries from the sexual assault or had a Sexual Assault Forensic Examination performed, this information can be important, corroborating evidence. Additionally, the victim may benefit from medical treatment after the assault or abuse.