I was sexually assaulted by my spouse. Can I report the assault? - South Carolina Victim Assistance Network

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.

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This website was made possible by a subgrant from the National Crime Victim Law Institute (NCVLI) pursuant to Grant No. 2017-VF-GX-K130, awarded to NCVLI by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, conclusions or recommendations expressed are those of the author(s) and do not necessarily represent the official position or policies of NCVLI.

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This Web site was made possible by a subgrant from the National Crime Victim Law Institute (NCVLI) pursuant to Grant No. 2017-VF-GX-K130, awarded to NCVLI by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, conclusions or recommendations expressed are those of the author(s) and do not necessarily represent the official position or policies of NCVLI.