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Sexual Assault Attorney

Sexual Battery Cases in South Carolina

Sexual battery cases in South Carolina are serious and can have a major impact on victims and their families. In South Carolina, the law takes these crimes very seriously. Victims have the right to seek justice in both criminal and civil courts.     

Sexual battery is defined as the penetration—no matter how slight—of the vagina or anus with any body part or object. This includes oral penetration by the sex organ of another person, without the consent of the victim. Based on this definition, sexual battery encompasses the crimes of rape, sodomy, and sexual assault with an object. The key element for all three of these sex offenses is the absence of consent. This includes situations where the victim cannot legally consent due to their age or mental/physical incapacity, whether temporary or permanent.

According to the most recent crime report published by the South Carolina Law Enforcement Division (SLED), there were 2,240 reported instances of sexual battery in 2023. Unfortunately, this number doesn’t reflect the actual amount of sexual crimes committed.

A report by the Rape, Assault, and Incest National Network (RAINN) states that, on average, out of every 1,000 sexual assaults, only 310 will be reported to the police. Of those 310 cases reported, only 50 will lead to arrests. Only 28 of those 50 perpetrators will receive a felony conviction, and 25 of them will actually be incarcerated. However, victims of sexual assault may still be able to sue their assaulter and other responsible parties in civil court for money damages, even without a criminal conviction.

In South Carolina, 95 percent of sexual offenders are male, and the majority of those offenders are between the ages of 25 and 34. A slim majority of female offenders are under 18, followed closely by those aged 25 to 34. The victims of sexual battery are predominantly female, with 10 percent of victims being male. In both cases, an overwhelming majority of the victims are under 18. Of the 1,969 female victims in 2023, 837 of them were minors (40 percent). Of the 228 male victims in 2023, 161 of them were minors (70 percent).

The relationships between male victims and their offenders were 51% acquaintances, 33% family members, 3% intimate partners, and 1% strangers. The other 12 percent were unable to identify the perpetrator of the assault. The relationships between female victims and their offenders were 45% acquaintances, 20% family members, 16% intimate partners, and 7% strangers. The remaining 12% were unable to identify the perpetrator of the assault.

Sexual battery can be divided into three crimes:

  • Forcible rape
  • Forcible sodomy
  • Sexual assault with an object

The most common type of sexual battery for males was forcible sodomy, while the most common type of sexual battery for females was forcible rape. The majority of male victims of forcible sodomy were under ten years old. The majority of female victims of forcible rape were between the ages of 11 and 17. Residences/homes are the most common areas where sexual battery is committed, with 62 percent of all sexual battery occurring there.

Within South Carolina, there are 8 counties that had over 100 sexual battery cases reported in 2023.

  1. Greenville County had 238 cases reported with a clear rate (number of perpetrators who are in the process of facing legal consequences) of 63 percent.
  2. Horry County had 236 cases reported and a clear rate of 31 percent.
  3. Richland County had 180 sexual battery cases reported and a clear rate of 25 percent.
  4. Charleston County had 162 cases reported and a clear rate of 23 percent.
  5. Spartanburg County had 127 sexual battery cases reported and a clear rate of 40 percent.
  6. Anderson County had 126 cases reported and a clear rate of 44 percent.
  7. Florence County had 119 cases reported and a clear rate of 9 percent.
  8. Lexington County had 115 cases reported and a clear rate of 21 percent.

Since many instances of sexual assault go unreported, it’s important to recognize the warning signs that someone may be a victim of sexual battery:

For adults, these warning signs are:

Experiencing depression, having low self-esteem, an increase in drug or alcohol use, falling grades or withdrawing from classes, avoiding specific places, and practicing self-harming behaviors.

For teenagers, these warning signs are:

Unusual weight gain or loss, experiencing anxiety or depression, falling grades, a sudden appearance of bruises, and expressing thoughts about suicide.

For children, these warning signs are:

Showing excessive knowledge about sexual matters, being overly compliant, not wanting to be alone with certain people, having nightmares and increased aggression, and regressive behaviors such as thumb sucking or bedwetting.

Perpetrators of sexual battery against children often resort to manipulative behaviors known as grooming to gain access to a potential victim, coerce them to agree to the abuse, and reduce the risk of being caught. Grooming tends to follow the same pattern, so it’s easy to spot once you know the signs:

First, abusers tend to choose children that they view as vulnerable. Abusers will often put themselves in roles where they have access to minors and attempt to physically or emotionally isolate them from those who would protect them, often gaining the trust of victims through giving them gifts, extra attention, or sharing “secrets” with them. Finally, abusers often initiate physical contact with their victims in ways that seem harmless, like hugging or tickling, before escalating to increasingly sexual contact, such as massages. They may also talk about sexual content with or show pornography to their victim to introduce the idea of sexual contact.

The best ways to protect your children from sexual battery are to be involved in their life, encourage them to speak up, and to start conversations about safety when they’re young. Being actively involved in a child’s life can make warning signs of child sexual abuse more obvious and help the child feel more comfortable coming to you if something isn’t right. If you encourage them to speak up and have had conversations about safety, then these lessons help them know when something isn’t right and give them the power to speak up.

For college students and adults, there are steps that you can take to help yourself stay safe. It’s important to stay alert, lock your doors and windows before you sleep or leave your dorm or home, and have a plan B. In social settings, make sure to know your limits and to protect your drink. If you ever feel uneasy, trust your instincts. It’s okay to lie in order to exit an uncomfortable situation. Remember, your safety always comes first!

Video: Sexual Assault Cases

If you or someone you know has been affected by sexual battery in South Carolina, don’t wait to get help. You may be able to file a civil lawsuit and hold those responsible accountable for what they did.

Schedule your free consultation by calling The Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of sexual assault. At The Law Offices of David L. Hood, we work hard to make things simple for you.

After a free case evaluation, if we believe we can help you and your family, Attorney David Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!

Speaking up takes courage, but the law is on your side. With the right support, victims can take steps toward healing and justice.