Sexual Assault Lawyer in Columbia, SC
Anyone facing sexual crime allegations understands the damage these charges can have on one’s character. A sexual assault case can take a toll on both the defendant and victim, causing them to put their lives on hold for several months and possibly years.
Each person has his or her own version of events, and you deserve to tell your story. At the Law Office of Jonathan M. Harvey, I am prepared to fight your case from the initial investigation through closing arguments and, if necessary, upon appeal.
Sexual Assault Charges and Penalties
South Carolina considers any unwanted touching of a sexual nature that is done by force or coercion to be sexual assault. In South Carolina, you will be charged for criminal sexual conduct, but in one jurisdiction, it is charged as forcible sexual assault or rape.
A felony offense, South Carolina classifies the severity of sexual conduct as being either first-degree, second-degree, or third-degree:
Criminal Sexual Conduct in the First Degree
An individual will be found guilty of criminal sexual conduct in the first degree if the perpetrator engages in any sexual touching and if any of the following situations apply:
- The perpetrator uses physical force or physical violence in the act or threatens the victim;
- The victim is under forcible confinement or has been kidnapped and submits to sexual intercourse, sexual touching, or
- The perpetrator administers a controlled substance or alcoholic beverage, which causes the victim to become mentally or physically incapacitated.
If you are found guilty of first-degree criminal sexual conduct, you could be incarcerated for up to thirty years.
Criminal Sexual Conduct in the Second Degree
An individual may be found guilty of criminal sexual conduct in the second degree if the perpetrator uses force or violence of a high and aggravated nature to engage in sexual intercourse or sexual touching. Second-degree criminal sexual conduct is punishable by up to twenty years in prison.
Criminal Sexual Conduct in the Third Degree
An individual will have committed criminal sexual conduct in the third degree if there is an unwanted sexual touching in combination with any of the following circumstances:
- The perpetrator used force or coercion during the commission of the act or
- The perpetrator knew or should have known that the victim was mentally or physically disabled.
If convicted, you could be imprisoned for a maximum of 10 years.
Restitution versus Damages
If you are found guilty of sexual assault, the court may order you to pay the victim restitution. This is reimbursement for lost wages, medical bills, counseling, and other monetary expenses related to the assault. The Attorney General’s Office oversees victim compensation in criminal matters. To be eligible, the assault must have occurred in South Carolina.
In contrast, a victim may request damages by filing a civil suit. Unlike criminal matters, a civil suit is between private parties. While restitution is seen as a penalty to the defendant, civil damages are sought to make the victim (plaintiff) “whole” again. Unlike restitution, the plaintiff can request compensation for noneconomic losses, such as infliction of emotional distress and pain and suffering.
A Richland County Sexual Assault Defense Lawyer Near You
No matter the amount of money you pay or the time you serve, a sexual assault conviction will remain on your criminal record forever. Even though restitution compensates the victim, it does not absolve you in the eyes of our judicial system.
Sexual assault charges call for dedicated counsel, which can be found when you retain my services. Effective counsel is essential to a positive case outcome, and I will zealously advocate for you at trial. Contact me online or by calling 803-779-3363 to schedule your free consultation.