FAQs

A safety planning guide for victims is a resource that provides practical strategies and advice to help individuals protect themselves and plan for their safety. It includes information on creating a personalized safety plan, accessing support services, and understanding legal options. We have developed a safety guide that you can download here. Victim advocates at law enforcement agencies and solicitor’s offices may also be able to assist in a customized safety plan.

The victim should immediately contact law enforcement. There are legal protections in place for victims of crime, and a victim should not have to face harassment or retaliation. The victim should keep any text messages, voicemails, call logs, social media posts or messages, or any other evidence proving that the offender contacted the victim. Any witnesses to the contact should also give a statement to law enforcement. IF the offender is on probation or parole, contact the Probation Agent or victim advocate so the violation can be addressed.

The Family Court Clerk of Court has simplified petition forms which you can fill out and file at their office. If you have an attorney, he or she can help you file a Petition for an Order of Protection. After the Petition has been filed, the Clerk of Court will schedule a hearing in Family Court. The Clerk of Court will notify you about the date and time of the hearing and Law Enforcement typically serves the abuser with the filing and hearing notice. At the hearing, each of you will have the opportunity to present your case to the judge. Many local domestic violence shelters help victims in obtaining this paperwork and may have an advocate available to accompany them to court.

In general, crime victims do not need legal representation at Order of Protection hearings because the hearings are designed for unrepresented persons. However, both parties have a legal right to an attorney. We strongly recommend that you have an attorney represent you at an Order of Protection hearing.

A victim of stalking or harassment can petition for a Temporary Restraining Order (also known as a Restraining Order) through the Magistrate’s Court. This temporary order lasts for up to one year. To file a petition, a victim can visit the Magistrate’s Court Clerk where the proper forms will be available. There is no requirement that there be an incident report or even an arrest to apply for this type of restraining order. Temporary restraining orders forbid the offender from abusing and contacting the victim, and last for one year. There is no initial fee, but the losing side does have to pay a $55 fee after the case is decided.

Permanent Restraining Orders are available to victims of or witnesses to certain crimes at the time of sentencing in General Sessions Court or after sentencing in the Court of Common Pleas. These restraining orders can last for a specific period (such as twenty years), or may last for a lifetime. The following requirements must be met: (1) the crime occurred in South Carolina, (2) the respondent was convicted or plead guilty, and (3) the requestor suffered direct or threatened physical, psychological, or financial harm as a result of the crime. Qualifying crimes include: Harassment, Stalking, Domestic Violence, Criminal Sexual Offenses, and attempts to commit any of the qualifying crimes. These orders forbid the offender from abusing, threatening, or harassing the victim. The quickest way to obtain a Permanent Restraining Order is by talking with the Solicitor so it can be requested at the time of sentencing. If it is not requested at the time of sentencing, the victim can still file a civil action with the Court of Common Pleas.

Learn more on how to register here.

In 2024, South Carolina established the address confidentiality program to protect victims of domestic violence, human trafficking, stalking, harassment, or sexual offenses by authorizing the use of designated addresses for such victims. The program is to be administered by the Attorney General.  However, details on how to apply for the program have not yet been published. In the meantime, there are other ways victims can protect their address, such as switching to a P.O. box, deleting their address from “people search” websites by contacting the website’s administrators, and submitting a google removal request.

Begin by changing all passwords for your computer and online accounts to protect your digital security. Install security features in your home, such as cameras, alarms, or additional locks. If the perpetrator has ever had access to a key, change the locks on all doors to prevent unauthorized entry.

Inform your neighbors that the perpetrator no longer lives in your home and ask them to call the police if they see the perpetrator nearby. Take steps to protect your personal information, including your address, workplace, and your children’s schools. Notify your children’s school or daycare about the situation to ensure they are aware of any safety concerns.

To reduce the risk of being followed or found, change your routine. Shop, bank, and conduct personal business at locations you did not previously visit with the perpetrator. Store important personal items, such as diaries, journals, personal letters, and calendars, in a secure place outside of your home.

If you have a restraining order, keep copies in multiple locations, such as your vehicle, handbag, and home. Share copies with trusted family members or friends. Additionally, prepare for a quick departure by keeping money, a spare set of keys, and a “go bag” with essential items in a safe location or with a trusted friend or family member. Identify a close friend or family member with whom you can stay in case of an emergency.

To maintain safety, avoid contact with the perpetrator. Screen all telephone calls and refrain from opening mail that does not have a return address.

These safety planning steps are general recommendations and may not apply to every situation. For information on restraining orders, contact SCVAN’s Legal Department.

If you or someone in your household is in immediate danger, call 911. If possible, use a landline, as it will automatically provide your location to dispatchers, even if you are unable to speak.

Choose two trusted friends or family members as emergency contacts. Develop a detailed emergency plan with them, including a safe method of communication and a designated meeting place in case you need to leave quickly.

Establish a discreet “code word” that you can text to your emergency contacts if you need help leaving the abusive situation. This could be an uncommon emoji or a short, seemingly casual phrase like “You up?” or “Is it raining over there?”

Start setting aside money for emergencies. When shopping for essentials, consider purchasing gift cards and storing them in a secure place so you have access to funds if you need to leave unexpectedly.

Regularly clear your internet browser history to prevent tracking. If possible, keep your phone locked and protected with fingerprint or facial recognition scanning to ensure your privacy and security.

To stay safer online and on social media, limit the sharing of emails, texts, and posts you wouldn’t want the perpetrator to access, as all written communication can be saved by the viewer. Be cautious with friend requests—only accept them from people you know well, and remove any followers you don’t know personally. If someone posts a threatening message on social media, including Snapchat, take a screenshot and report it to law enforcement. Review the privacy settings on your apps and social media to ensure your location is not publicly visible, and keep personal information private. Avoid sharing details about your job, school, or relationship status in public posts. When posting photos or videos, pay attention to any landmarks, logos, or other identifiable information in the background. Immediately change your passwords for social media, bank accounts, shopping sites, and your cell phone. Never share your passwords with anyone, including close friends or family members. Use private browsing mode when accessing the internet, and make it a habit to clear your cookies and browsing history regularly. Be sure to change your passwords often for added security.

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.

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.

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.

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.

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.

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.

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.

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.

South Carolina has a Crime Victim Compensation Fund to help citizens with costs related to injuries received as a result of the crime. If you qualify for services, The Department of Crime Victim Compensation (DCVC) may reimburse some or all of the following costs depending on the law and policies guiding the use of the funds. Important note: DCVC is the Fund of Last Resort. This means if any other source is available to cover the cost of reimbursement, DCVC will defer to that source.

In addition to the criminal action, a victim may sue the perpetrator in court for civil damages to make them whole. Civil damages can go beyond money losses and include payment for such intangible harms like pain and suffering, humiliation, and damage to reputation.

Yes and no. South Carolina workers are usually “employees at will.” This means that, unless there is an employment contract, they can be fired at anytime for any reason, provided it is not an illegal reason. Some companies have an employee handbook which will spell out the rights of an employee at that particular workplace. Illegal reasons that are grounds for a civil lawsuit include discrimination or harassment based on race, sex, color, national origin, religion, age, disability, or veteran status. There are several laws prohibiting unfair treatment in the workplace. If you believe you are the victim of workplace discrimination or harassment, contact an attorney.

South Carolina allows at-fault divorces based on four grounds: (1) Adultery, (2) Habitual Drunkenness or Drug Use, (3) Physical Cruelty, and (4) Desertion. The first three are sometimes referred to as “90-day divorces” because they don’t require a full year of separation. While at-fault divorces can move faster than traditional divorces, they are often more contentious due to the nature of the claims, and usually do not resolve within 90 days.

In an at-fault divorce, the petitioner must provide clear proof of fault. This means having strong evidence such as witness testimony, photos, medical records, or audio recordings. Without sufficient proof, the case cannot proceed under at-fault grounds, and the petitioner may need to file for a no-fault divorce based on one year of separation.

If you do not meet the criteria for a fault-based divorce, you will need to file for a no-fault divorce based on one year of continuous separation. This means that spouses must live apart for a full 365 days before the court will grant a final divorce. During this period, they cannot reside in the same household or engage in sexual relations.

Each time a couple “reconciles,” the separation period resets. For example, if one spouse moves back in for a few days to attempt reconciliation, the one-year countdown starts over. Similarly, engaging in sexual relations while living apart may also restart the clock.

If your situation is unstable and you need legal protections while awaiting the one-year separation period, you may consider filing for separate support and maintenance. This process includes a temporary hearing (with a $25 filing fee), where a judge can issue an order outlining rules both parties must follow. While this is not a divorce filing, it can later be converted into a divorce at the final hearing stage. Consulting an attorney is strongly recommended if you are considering this option.

If you have already lived apart for one year, your divorce process may move more quickly since the waiting period has already been satisfied.

To file for divorce in South Carolina, you must submit a divorce packet, which includes the following forms available at www.sccourts.org:

• Family Court Cover Sheet
• Summons
• Complaint
• Financial Declaration (required even if you are not requesting financial support)

There is a $150 filing fee to start a divorce case. It is recommended that you prepare three copies of your completed divorce packet. One for the clerk to keep, one for you, and one to be given to your spouse. You spouse must be given a copy of the papers by someone else. Your case cannot proceed until your spouse has been properly served. If you encounter difficulties serving them, consult an attorney for guidance.

Find a full guide here.

Unless you have a signed agreement, you must complete mediation. You and your partner must agree on a certified family court mediator in your area. Certified mediators are usually attorneys or retired judges. They charge by the hour for their services, and you will be required to pay for half. Lawyers and judges are great mediators but are costly. Some mediation centers around the state offer low cost or sliding scale mediations.

During mediation, you will be in a separate room from the other party and will not be required to speak directly to them at any time. The mediation process typically lasts between two to four hours. At the conclusion of the session, you will receive official paperwork, which will either be a signed agreement or a statement of participation. This document must be presented to the judge at your Final Hearing as part of the court process.

This is an optional hearing that can occur after filing and before mediation. At this hearing, the judge will temporarily decide on any contested issues between the parties, such as property and child custody. The Temporary Order from this hearing stays in place until the Final Hearing. It does not necessarily reflect what the final order may be. In order to request this hearing, one of the parties (usually the one who started the case) files a Motion for Temporary Relief. There is an additional filing fee of $25.

Find a full guide here.

There are law enforcement officers throughout every court building. Each courtroom will have its own officer present. There will be a waiting area or waiting rooms near the courtrooms. If you are worried about being in the same waiting area as the opposing party, you can notify the bailiff and they can help you find another location where you can safely wait. In the hearing, you will be expected to be in the same room as the opposing party, but you will be sitting on opposite sides of the room and the bailiff will be present. If you need an escort to your vehicle after the hearing, let a bailiff or officer know prior to exiting the courtroom.

Yes, a pending criminal case could affect the judge’s decisions regarding restraints and custody as part of a Temporary Order. Many victims of domestic violence may be seeking a divorce while also navigating the criminal process. These processes are separate but related. For example, the information that is shared in the divorce case could be subject to use in the criminal case. If you have privacy concerns, or if you need assistance navigating the criminal process, please fill out our online intake form. We specialize in enforcing victims’ rights throughout the criminal process.

There are various immigration benefits available for non citizen crime victims, including T visas for victims of human trafficking, VAWA for victims of domestic violence, SIJ for child victims under 21 years of age, U visas for victims of qualifying crimes, and Asylum for victim of persecution.

T nonimmigrant status is a temporary immigration benefit that enables certain victims of a severe form of trafficking in persons) to remain in the United States for an initial period of up to 4 years if they have complied with any reasonable request for assistance from law enforcement in the detection, investigation, or prosecution of human trafficking or qualify for an exemption or exception. T nonimmigrant status is also available to certain qualifying family members of trafficking victims. T nonimmigrants are eligible for employment authorization and certain federal and state benefits and services. T nonimmigrants who qualify may also be able to adjust their status and become lawful permanent residents (obtain a Green Card). Learn more here. 

The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.

The limit on the number of U visas that may be granted to principal petitioners each year is 10,000. However, there is no cap for family members deriving status from the principal applicant, such as spouses, children, or other eligible family members.

If the cap is reached before all U nonimmigrant petitions have been adjudicated, USCIS will create a waiting list for any eligible principal or derivative petitioners that are awaiting a final decision and a U visa. Petitioners placed on the waiting list will be granted deferred action or parole and are eligible to apply for work authorization while waiting for additional U visas to become available.

Once additional visas become available, petitioners on the waiting list and those who have received a bona fide determination will receive their visa in the order in which their petition was received. Petitioners do not have to take any additional steps to request the U visa. USCIS will notify the petitioner of the approval and the accompanying U visa. Learn more here. 

A U certification (Also known as Form I-918 Supplement B) is a required supplemental document when applying for a U visa. Certifying officials, such as the heads of police departments, sheriff’s offices, solicitor’s offices, and judges may sign this form verifying that the victim was, is, or is likely to be helpful in the investigation or prosecution of the qualifying criminal activity. Signing a U certification does not guarantee approval of a U visa. It simply allows the victim to apply for one. Due to the processing delays with U visas, SCVAN Legal is only assisting victims in obtaining U certifications at this time. 

Under the federal Violence Against Women Act (VAWA), you may be eligible to become a lawful permanent resident (get a Green Card) if you are the victim of battery or extreme cruelty committed by: A U.S. citizen spouse or former spouse; A U.S. citizen parent; A U.S. citizen son or daughter; A lawful permanent resident (LPR) spouse or former spouse; or An LPR parent.

You may self-petition under VAWA by filing a Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) without your abusive family member’s knowledge or consent. A person who files a VAWA self-petition is generally known as a VAWA self-petitioner. If your self-petition is approved and you meet other eligibility requirements, you may be eligible to apply to become a lawful permanent resident. Learn more here. 

There are several kinds of restraining orders: Emergency, Temporary, and Permanent Restraining Orders and Orders of Protection. Each varies in length. Emergency Orders last up to 14 days, Temporary Restraining Orders and Orders of Protection can last up to one year, and Permanent Restraining Orders can last for a lifetime.

An Order of Protection (OOP) is a Family Court order that protects a victim from domestic abuse by a spouse, a former spouse, former cohabiting romantic partner, cohabitating romantic partner, or person with whom they have a child in common. It provides temporary protection from abuse, threats of abuse, stalking, or harassment. When appropriate, it can be tailored to each person’s circumstances to include provisions for such things as temporary custody and financial support, possession of the residence (when the parties are married), and even care of pets.

Yes and no. The Circuit Solicitor’s Office represents all citizens, not just crime victims. Their goal is to seek justice and preserve the peace, safety, and dignity of all citizens. Sometimes crime victims’ interests differ from those of the Solicitor, and crime victims have a legal right to seek their own attorney.

SCVAN provides direct legal representation for victims of crime. This advocacy happens inside and outside of the courtroom. SCVAN attorneys assist victims during the criminal process by providing information about their rights and protecting those rights in court. In addition to victims’ rights enforcement, we take a holistic approach to legal representation and can assist and represent victims in a variety of situations including restraining orders and Title IX hearings.

We offer free legal services! If you are a crime victim, click here to learn about our intake process. Other organizations offering pro bono legal services include the South Carolina Bar and South Carolina Legal Services. In addition, our local resources page provides referrals.

SCVAN operates statewide. Our staff work remotely, but travel across South Carolina to meet with and represent victims of violent crime.

It is our policy to speak directly with the victim who is seeking our services. If you know someone who could benefit from our services, refer them to our intake line (803) 509-6552 or our online intake form.

If you are in immediate danger, please call 911. If you are currently experiencing domestic violence and need help getting to safety, we strongly recommend visiting the South Carolina Coalition Against Domestic Violence and Sexual Assault (SCCADVASA’s) member organization webpage to find a local resources: https://www.sccadvasa.org/get-help/

You can also visit our Safety Planning and Restraining Order FAQ sections for more information on your options.

If you are seeking financial relief through the South Carolina Victim Assistance Network, ONLY Victim Service Providers can request these funds on behalf of a South Carolina crime victim. See our Emergency Fund page for more details. Please note that this is a separate program operated under SCVAN. Victims who apply for legal services will still need to ask their advocate to apply for emergency housing through our Financial Relief Program.

It’s important to discuss any concerns with your attorney. However, victims should be aware that the Solicitor or Prosecutor in a criminal case represents the State of South Carolina, not the victim. Victims have the right to their own attorney throughout the criminal justice process. If you believe your rights as a victim have been violated, you can complete an online intake, and our team can provide guidance on your rights and how to enforce them.

We encourage you to reach out to your victim advocate at the police department or the Solicitor’s Office. Please know that the investigation and prosecution of a case can be lengthy. If you believe that your rights are being violated, please complete an online intake or call our intake line.

If the case is in a summary court (such as a Municipal or Magistrate Court), reach out to your victim advocate at the law enforcement agency where you reported the crime. If your case is in General Sessions, reach out to your victim advocate at the Solicitor’s Office for clarification and guidance.

Call your local law enforcement office or go to your nearest police station and ask to file a report. If there is an emergency, call 911.

Yes, crime victims can be represented by attorneys and accompanied by victim advocates and supportive family and friends.

By statute, victims have the right to a free copy of their incident report, a written list of their rights, information about victim support services, and details about possible financial help (Section 16-3-1520). Employers cannot punish victims or witnesses for following a legal order to testify in court. Judges must respect and protect victims’ rights just as they do for the defendant (Section 16-3-1550). Additionally, victims have constitutional rights, as described below:
S.C. Constitution, Article I, Section 24. Victims’ Bill of Rights.
(A) To preserve and protect victims’ rights to justice and due process regardless of race, sex, age, religion, or economic status, victims of crime have the right to:

1. be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal and juvenile justice process, and informed of the victim’s constitutional rights, provided by statute;
2. be reasonably informed when the accused or convicted person is arrested, released from custody, or has escaped;
3. be informed of and present at any criminal proceedings which are dispositive of the charges where the defendant has the right to be present;
4. be reasonably informed of and be allowed to submit either a written or oral statement at all hearings affecting bond or bail;
5. be heard at any proceeding involving a post-arrest release decision, a plea, or sentencing;
6. be reasonably protected from the accused or persons acting on his behalf throughout the criminal justice process;
7. confer with the prosecution, after the crime against the victim has been charged, before the trial or before any disposition and informed of the disposition;
8. have reasonable access after the conclusion of the criminal investigation to all documents relating to the crime against the victim before trial;
9. receive prompt and full restitution from the person or persons convicted of the criminal conduct that caused the victim’s loss or injury, including both adult and juvenile offenders;
10. be informed of any proceeding when any post-conviction action is being considered, and be present at any post-conviction hearing involving a post-conviction release decision;
11. a reasonable disposition and prompt and final conclusion of the case;
12. have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims’ rights and have these rules subject to amendment or repeal by the legislature to ensure protection of these rights.

A Victim Advocate (VA) is a person who advocates for victims of crime inside and outside of the courtroom. They do not legally “represent” victims in the sense that attorneys do but play a very important role in a victim’s journey through the criminal justice system. Victim Advocates can assist victims with completing and submitting paperwork and impact statements for court hearings and can act as a liaison to notify victims of hearing dates and times. There are Victim Advocate positions associated with government organizations or community organizations. South Carolina law requires that police departments have Law Enforcement Victim Advocates (LEVAs) on staff to work with victims after a crime has been reported. The Solicitor’s Office Victim Advocate will advocate for crime victims if and when the case is given to the Solicitor. The Department of Probation, Pardon, and Parole and the Department of Corrections have their own VAs who work with crime victims. In addition to statutorily-mandated VAs, nonprofits may have their own VAs who can guide crime victims through the criminal justice process.

A law enforcement agency must provide a victim, free of charge, a copy of the initial incident report of their case. To request a free copy of the incident report from your case, contact the law enforcement entity investigating the case.

Restitution is a payment made by the convicted perpetrator of a crime that is ordered by the court and intended to restore the victim financially. Restitution covers financial losses and physical injury. This can include property damage, the value of stolen goods, and the costs of medical expenses and lost wages. Restitution exists, not as a punishment for the defendant, but as a means of recovery for the victim. A crime victim who has lost money or property as the result of a crime is entitled to restitution from the defendant because the crime victim deserves to be made whole. Although it is awarded at the same time as sentencing, restitution should be considered independently from the defendant’s sentence. 

A victim who wishes to receive restitution must, within appropriate time limits set by the prosecuting agency or summary court judge, provide the prosecuting agency or summary court judge with an itemized list which includes the values of property stolen, damaged, or destroyed; property recovered; medical expenses or counseling expenses, or both; income lost as a result of the offense; out-of-pocket expenses incurred as a result of the offense; any other financial losses that may have been incurred; an itemization of financial recovery from insurance, the offense victim’s compensation fund, or other sources. The prosecuting agency, court, or both, may require documentation of all claims. This information may be included in a written victim impact statement. After a perpetrator is convicted, the court must hold a hearing to determine the amount of restitution owed the victim.

Yes. They are two different processes. A victim can seek restitution as part of the criminal action and, at the same time, sue the perpetrator in civil court for compensatory damages. A victim may also complete an application with the Department of Crime Victim Compensation for some expenses, including medical costs.

Under South Carolina law, a victim is a person who is harmed as a result of a crime. When the victim is a minor under the age of 18 or otherwise incapacitated, the parents or legal guardians are also considered victims. When a crime results in death, the direct family members of the person who is killed are also considered victims. See S.C. Constitution Art. I § 24(c)(2).