Sumter Rape Lawyer

Sumter Rape Attorney

Crimes involving sex are viewed as some of the harshest crimes in our society. They are often prosecuted to the greatest degree. Being charged with rape is a serious matter. Regardless of whether you committed the crime, the social and legal implications can prove to be intense. This type of crime requires the help of a Sumter rape lawyer who can assist with the legal process that follows an arrest.

At the Law Office of Charles T. Brooks III, we know that facing a rape charge can be detrimental to not only your criminal record but your reputation. It can have a negative effect on your life, job, housing, and even your freedom. We can approach your case with great care and work to fight for your rights. We can challenge the evidence against you and build a strategy to strive for the greatest outcome possible for your criminal defense case.

Rape Charges in South Carolina

In South Carolina, rape is considered a serious offense. Rape is classified as a type of criminal sexual conduct, often referred to as sexual battery. Sexual battery is illegal and is defined as engaging in sexual acts with another person who either did not consent or could not consent, such as being underaged, mentally ill, or incapacitated in some way.

This can involve several different offenses. The type and name of the offense will generally depend on the circumstances of the case, such as the following:

• The age of the victim
• The criminal history of the defendant, especially with sexual-related charges
• Whether there was any alleged violence involved and how intense that violence was
• How much force was involved
• Whether or not the victim was incapacitated or not (and to what degree)
• Whether or not the victim was coerced

Sexual battery, or rape, in South Carolina is usually categorized into one of three categories:

• First-Degree criminal sexual conduct. This is the most serious charge of the three. It usually includes using some type of force or violence, sometimes with a deadly weapon, to force the participant to engage in a sexual act. A person convicted can spend many years in prison.
• Second-degree criminal sexual conduct. This is less serious than first-degree criminal sexual conduct, but it is still pretty serious. Although the accused may not have used deadly force, they may instead use threats or some form of coercion. This can also bring a long prison term if convicted.
• Third-degree criminal sexual conduct. Even though this charge is the least severe of the three, it still carries its own penalties and consequences. Crimes where the alleged victim was not able to consent (such as due to intoxication), but violence was not involved, can fall under this category.

A person can also be charged with spousal sexual battery, particularly in instances where there is alleged physical force or violence being used to make the spouse engage in sexual acts.

Why You Need a Lawyer

Someone who is charged with sexual assault could spend a lot of time in prison and lose their reputation, job, family, and future. It is more than just a criminal record that is on the line. People who are found guilty may also have to register as sex offenders, which comes with limits and limitations for life.

An attorney can help challenge the allegations against you and create the appropriate strategy in your defense. We know that the law surrounding rape and sexual battery are complex. Sometimes, accusations like these happen due to retaliation, misunderstandings, or regrets. An attorney can look at all the evidence against you, investigate the accusations, determine the credibility of witnesses and accusers, and ensure that your rights are protected.

Defenses to Sexual Battery

Sexual battery is not always a simple case. There are sometimes underlying issues that brought the case to light. Some common defenses include:

• In some instances, it can be argued that the sex act was consensual, or at least believed to be consensual.
• Unreliable evidence. This is especially true when a case does not have strong physical evidence linking the defendant to the crime.
• If the defendant can show that they were somewhere else at the time of the crime, an alibi defense can be used.
• Sometimes, the defendant’s mental state was limited during the time of the crime and can be added as a part of the defense.

FAQs About Sumter, SC Rape Laws

What Are the Three Main Defenses to a Sexual Assault Accusation?

Consent, having an alibi, and lack of proof are the three main ways to fight a sexual assault charge. Consent says that both people agreed to the claimed encounter while having an alibi says that you were somewhere else during the crime. The lack of evidence calls into question whether the prosecution’s proof is enough and reliable.

What Is the Burden Of Proof in a Sexual Assault Case?

When someone is charged with sexual abuse, it is the prosecution’s job to prove beyond a reasonable doubt that the defendant is guilty. In the criminal justice system, this is the highest level of proof. It needs to be clear, convincing evidence that leaves the jury with no reasonable doubt. The defense’s job is to question the proof presented by the prosecution and make people doubt the accused person’s guilt.

How Do Most Sexual Assault Cases End?

Most sexual assault cases end with a plea bargain, in which the defendant pleads guilty to a lower charge to avoid a trial and potentially heavier punishment. In some circumstances, insufficient proof leads to dismissal. In cases that get to trial, the outcome is either a conviction or an acquittal based on the strength of the evidence and the defense provided.

What Is the Statute of Limitations on Sexual Assault in South Carolina?

For sexual assault and other felony sex crimes, South Carolina does not have a statute of limitations. This means that the prosecution can file charges at any time after the claimed event. No matter how long it’s been since the crime, this method was implemented by the state to protect others. If you are the victim of a sexually related crime, you should report the incident no matter how much time has passed.

Sumter Rape Lawyer

Sexually related crimes can be devastating and have a lasting impact on both the victim and the offender. Not all accusations, however, are an indication of guilt or that the circumstances are as they appear. If you or a loved one has been charged with sexual battery, a lawyer at the Law Office of Charles T. Brooks III can help. Contact us today to get started. Everyone deserves a defense, and our team is here for you.