What is South Carolina’s Age of Consent?
In South Carolina, the age of consent is 18. Any person under the age of 18 cannot legally consent to sexual conduct. It does not matter if the person that they engage in sexual activity with is over the age of 18. Unless a defendant was less than 18 at the time of the offense , is mentally incompetent, or is married to the victim, South Carolina will prosecute cases of unlawful sexual conduct with minors as felonies, which are typically punishable by some incarceration.
A Brief History of the Age of Consent Laws
In the absence of consent from the younger party, the older party would have committed a crime.
Prior to 1977, the age of consent in South Carolina was set at 10 years of age for boys and 12 years of age for girls. The law stated that if a male over the age of 10 had sexual relations with a female under 12 years of age, he would be guilty of a felony, punishable by up to 35 years in prison. Likewise, if a female under the age of 12 had sexual relations with a male over the age of 10, she would be guilty of a felony, punishable by up to 25 years in prison. In addition, a male over 14 years of age who committed rape against a female younger than 14 was subject to life in prison without parole. These laws required judges to impose sentences beyond the normal range of comparable crimes and in some cases the death penalty could be imposed.
The age of consent laws in South Carolina were reformed in 1977, adopting a new theory of strict liability rather than the previous theory of constructive consent. Under the new law, if the younger party in a sexual encounter with a person over the age of 16 showed no consent, the consent of the younger party was not relevant to the case. The law made the ability of the victim to give consent irrelevant to the issue, and it was therefore deemed a strict liability crime.
The 1977 law also removed the mandatory minimum sentences required under the old law, setting the punishment for the sexual assault of a person 14 years of age or older at a maximum of 20 years imprisonment (the law now punishes offenses against minors as outlined below in the current law analysis).
In 2006, the law was again changed to eliminate the penalties against non-licensed adults who engage consensually in sexual conduct with minors age 14 or older when the difference in age between them is no more than three years. This exception was eliminated in 2017 with the passage of Act 21.
As discussed in the section Who is a victim?, the most significant change in the law occurred in 2014, when the law changed to remove the requirement that the defendant be in a position of trust in relation to the victim in order to prove the offense of criminal sexual conduct with a minor.
Essentially the age of consent laws have evolved from strict liability laws that required minimum sentences to laws that distinguished between consensual and non-consensual sex with minors in some situations, but the burden has always been on the defendant to prove that consent was given.
Statutory Rape and Penalties
In South Carolina, the crime of statutory rape is described in SC Code of Laws Section 16-3-855. This statute begins with the following: A person who does not have the capacity to consent as provided by law is deemed incapable of consenting to sexual activity. Sexual activity between an offender and a person who lacks the capacity to consent as defined by law constitutes statutory sexual conduct. In the state of South Carolina, the age of consent is considered to be 16 years old. Therefore, if a person has sex with a minor under the age of 16, that person can be charged with statutory rape. This holds true regardless of whether force or coercion was used. Also, the age of the parties involved does not matter: If the actor is 19 and the minor is only 15, then the actor is guilty of statutory rape, regardless of whether a sexual act occurs with the younger person. To be guilty of this charge, an actor must meet the following conditions at the time of the offense: Being guilty of statutory rape in SC can carry a heavy legal penalty. This includes anywhere from 1 to 10 years in prison. However, indefinite mandatory minimum sentences apply to those convicted of sexual conduct against victims between the ages of 11 and 14. If the victim was between the ages of 11 and 14 at the time and the actor was at least 18 years old, the offense is a felony with a mandatory minimum sentence of 25 years in prison. If the act occurred against a female, it is considered a felony sex offense. If the act occurred against a male, it is classified as "fornication". Fornication is a misdemeanor. It is also important to note that there are two possible ways in which a charge for statutory rape can be filed. The first is for sexual conduct with a minor, as discussed here, while the second is for unlawful sexual conduct with a minor. The second statute pertains to "experimentation", in which sexual behavior is defined as oral, anal, or vaginal penetration, digital penetration, contact with the victim’s breast(s) or buttocks, or even removing the victim’s clothing.
Romeo and Juliet Statutes
Romeo and Juliet laws or provisions are found in many states. As the name of the provision suggests, these provide protection to young people from criminal prosecution in cases that involve sexual relationships, often when one of the participants is underage. In the best of cases, the victim of an unlawful sexual conduct case will not be harmed further by the case, such as by expulsion from school or suffering other legal consequences. If the case is prosecuted, penalties including the possibility of incarceration may be avoided when the law allows for the protection of the alleged victim and the accused person.
The typical age of the victim in a case that would fall under a Romeo and Juliet law would be 16 years old. The age difference between the victim and the alleged perpetrator in excluding the latter person from prosecution may be as little as two years. In South Carolina, for example, when the age difference is no more than four years and the age of the younger person is at least 14 years old, prosecutors may choose not to pursue a case.
The relationship between the defendant and the alleged victim may be romantic. For example, boyfriend-girlfriend may apply. Alternatively, in some cases the two may not have been friends at all and may have had only a passing acquaintance with each other. Either way, the new or established relationship may be deemed a romantic one.
Consequences of the Violation of Age of Consent Laws
The violation of the legal age of consent in South Carolina does not only come with criminal penalties. The social, legal, and personal ramifications affect both the individual charged and their family. South Carolina law stipulates that it is illegal for an adult (anyone over the age of 18) to have sexual contact, sexual intercourse, or any sexual activity of any kind with someone under the age of 16. If they do, they are committing a felony and subject to a minimum of 10 years in prison and a maximum of 30 years in prison. They must also register as a sex offender for the rest of their lives.
In addition to the legal ramifications, individuals who commit this type of crime are severely ostracized from their communities. Their families are often ostracized as well. Having a child under the age of 16 who is pregnant , has contracted a sexually transmitted disease (STD), or has been abused can be devastating. In these scenarios, a family may be dealing with an underage child who needs medical attention immediately and/or has ADHD or a learning disability. The stress can be compounded by the fact that the teen is too young to see their physician alone, and many parents do not wish their children to know of the incident until they are older, but these legal and medical problems require parents to address the issues quickly. Conservatively, many of the families have multiple issues to tackle, and local communities can be unforgiving in these situations. The offending family member will, and should, face the social backlash.
Legal Rights Surrounding Minors and their Protections
In South Carolina, minors possess legal protections as well as rights regarding their sexual conduct. For example, the prosecution of statutory rape laws under SC Code Section 16-3-655 is strictly governed by age and can’t be waived by the child or their parents. Consent Laws relating to minors are also codified under SC Code Section 16-15-342 and include criminal penalties for a variety of offenses that involve sexual acts with minors. However, there are exceptions in place that protect a minor from being charged with certain crimes that fall under the underage consent provisions.
While statutory rape laws impose strict liability on older parties, consent laws codify a minority defense to help avoid prosecuting minors for certain sexual offenses. The minority defense applies to children under the age of 18 and protects from prosecution for a variety of sexual offenses if:
While laws prohibiting sex with minors are meant to protect minors and vulnerable persons from exploitation, minors are sometimes the victims of those whom are meant to protect them. Certain crimes such as incest and sexual exploitation of a minor carry mandatory minimum sentences, and convictions can result in lengthy prison terms. Many of these crimes have serious collateral consequences including the imposition of sex offender registration requirements. Fortunately, there are agencies that deal specifically with the victims of criminal offenses. If you or a loved one are the victim of criminal exploitation of a minor then contact the South Carolina Victim Assistance program.
How to Get Legal Help
When faced with criminal charges in South Carolina, there are few things more important than getting a lawyer who is skilled in your particular charge. Age of consent related legal issues often arise from relatively minor legal interactions that suddenly turn serious. Whether it be a simple text message or a photograph, age of consent violations can result in substantial penalties for those accused by prosecutors. When up against significant legal penalties, having an attorney by your side who is experienced in sex offenses and related criminal law is essential. Having worked on a wide range of criminal cases, our law firm – the Waring Law Firm – has the experience necessary to make the most out of any situation . Legal issues surrounding the age of consent can often trap clients through a misunderstanding of the law or complete surprise at the repercussions. What constitutes the legal age of consent? What constitutes a violation of the law, and does it matter if a good faith mistake was made? Knowing your legal rights is essential when facing these types of accusations. At the Waring Law Firm, we make sure that you don’t have to go it alone. Our attorneys are ready and available to help you navigate the law and to strategically formulate a defense to get you the best results. Those charged with violating the age of consent laws should not attempt to defend themselves without an attorney. Failure to get proper legal advice could result in more severe legal penalties. Luckily, obtaining a qualified attorney is as simple as picking up the phone.
