Columbia Rape Lawyer

Columbia Rape Attorney

Facing accusations of rape can be a frightening and uncertain experience in Columbia, South Carolina. Finding yourself accused of forcing another individual to have sexual intercourse can be life-altering and, if a conviction is successful, lead you to face severe penalties, such as lengthy prison sentences and having to be registered as a sex offender for the rest of your life. Thankfully, with the help of a Columbia rape lawyer, you can challenge these allegations.

At the Law Office of Charles T. Brooks III, we have been fighting for individuals and working to protect their rights since 1996. With almost three decades of experience, we are here to challenge the charges brought against you, aggressively advocate for you through all legal proceedings, and gather evidence that can be used to build your defense and support your case. Trust our criminal defense lawyers to have your interests in mind when going up against the prosecution.

Understanding Rape Charges in Columbia, South Carolina

Compared to crime rates in 2022, South Carolina saw a 10% increase in statutory rape cases. Rape is considered to be one of the most serious crimes in the state, and the prosecution does not take these charges lightly. Most rape cases are heard at the Richland County Court of General Sessions at 1701 Main Street in Columbia. In certain instances, you may hear the term “sexual battery” used in place of rape.

Sexual battery is defined under state law as engaging in certain sexual acts with another individual who either did not have the physical and mental capability of consenting or did not give their consent if they were capable. Persons who are considered to be unable to consent can include minors, those who are mentally ill, or individuals who are in some way incapacitated.

When facing rape charges in Columbia, it can be important to understand the kind of offense you are being accused of. The name and type of offense will typically depend on the nature and circumstances of the alleged criminal act, including:

• The exact age of the victim
• The amount of force that was involved
• Whether there was any violence involved in the rape and how harsh that violence was
• Whether or not the victim was coerced to give their consent
• Whether or not the victim was incapacitated and to what degree they were incapacitated
• If the defendant has any criminal history, especially if there are any past charges of a sexual nature

In South Carolina, sexual battery (or rape) is typically categorized into one of the following three degrees or classifications:

• First-degree criminal sexual conduct. This crime is the most serious of the three and includes some kind of violence or force. In certain cases, this force or violence can include the use of a deadly weapon. The penalties for this crime can include several years in prison.
• Second-degree criminal sexual conduct. Though this crime is less serious than first-degree criminal sexual conduct, it is still extremely serious and should be treated as such with the help of your attorney. In these scenarios, a deadly weapon may not have been used, but threats or some kind of coercion were. This crime can also bring about a hefty prison sentence if you are convicted.
• Third-degree criminal sexual conduct. While this is the least serious of all three degrees of criminal sexual misconduct, it can still carry life-altering penalties and punishments. Typically, rape crimes where the alleged victim was not coerced by violence but rather was not able to give their consent, such as in the case of intoxication, will fall under this classification.

Columbia Rape Charge Defenses

In South Carolina, compared to 2022, crimes against persons, including sexual battery and rape, increased by 54.65%. This can be a scary statistic to look at, but this is where the criminal defense attorneys at the Law Office of Charles T. Brooks III come in. We are here to review your case, collect evidence in support of you, and ultimately argue your defense before a judge, jury, and the prosecution assigned to your case. The most common defenses for sexual battery include:

• In some cases, your attorney may be able to argue that the sexual act was consensual or that you believed you received consent from the other individual.
• Your attorney may be able to argue that the evidence of the prosecution is unreliable and that there is no strong evidence linking you to the crime.
• If you are able to prove that you were at a different location during the time the alleged crime was committed, you will be able to use an alibi defense.

FAQs About Columbia, SC Rape Laws

What Are the Penalties for Criminal Sexual Conduct in the First Degree in SC?

If you are convicted of criminal sexual conduct in the first degree in South Carolina, know that the penalties involved can be serious and life-altering. This crime is considered to be a felony and is typically punished by lengthy prison sentences. Typically, this prison sentence is set at no more than 30 years.

What to Do If You Are Accused of Rape in Columbia?

If you are accused of rape in Columbia, there are several steps you will want to take to protect your interests. First, do not speak to the police before you consult with an attorney. It is also important to remain polite and calm and not speak with anyone regarding the case without having your attorney present. Do not try to contact the victim or post anything regarding the case on social media.

How Long Can a Criminal Case Take in South Carolina?

It can be difficult to offer an exact timeline as to how long a criminal case might take in South Carolina, as there are many variables involved in these cases that can impact the overall time frame. These variables can include the complexity of the alleged crime involved and the availability of the evidence.

How Does a Sexual Battery Case End in Columbia?

For most cases of sexual battery in Columbia, they will end with a plea bargain. Typically, these plea bargains will look like the defendant pleading guilty to a lower charge in order to avoid a lengthy court trial and potentially heavier penalties. In certain cases, a lack of evidence or insufficient proof can lead to a complete case dismissal.

Facing a Rape Charge in Columbia? Contact the Law Office of Charles T. Brooks III Today

If you are accused of rape or criminal sexual misconduct in Columbia, South Carolina, the attorney at the Law Office of Charles T. Brooks III is here to help. Contact us today to schedule a consultation and learn more about our legal services.