August 27, 2025
Charleston, SC — In recent years, South Carolina has advanced critical protections for survivors of sexual assault, clarifying definitions and expanding rights under law. Here’s what’s new, what’s changed, and what you should know if you—or someone you love—has been affected.
Under South Carolina law, sexual crimes are addressed primarily through the framework of Criminal Sexual Conduct (CSC). Here’s how they’re classified:
CSC in the First Degree (Class A felony): Requires aggravated force, commission during another serious crime, or incapacitation of the victim. Prosecuted in General Sessions, can carry up to 30 years in prison.
Sexual Assault Survivors Bill of Rights.
Summary: Sexual Abuse and Incest.
Age of Consent in the United States
CSC in the Second & Third Degrees: Severity and sentencing vary, with third-degree generally involving lesser force or lesser injury.
Sexual Battery & Penetration Offenses: South Carolina defines sexual battery as penetration—no matter how slight—of the vagina or anus by any body part or object, including oral penetration, without consent.
Age‑of‑Consent / Minor Protections: The state’s age of consent is 16. Sexual conduct with minors is addressed under CSC‑with‑a‑minor statutes:
First Degree: Victim under 11; or under 16 with prior conviction history.
Second and Third Degrees: Differentiated by age range, authority over the minor, or nature of the act. WikipediaAge of Consent in the United States
South Carolina has taken meaningful steps to bolster survivor protections through its Sexual Assault Survivors’ Bill of Rights (2025):
Definition of “Sexual Assault”: Applies broadly to violations under Article 7 involving CSC or sexual battery. Sexual Assault Survivors’ Bill of Rights
Forensic Evidence Rights: Survivors have the right to:
Know the status of their sexual assault forensic evidence (rape kit) processing.
Have results uploaded to DNA databases and be informed of DNA matches.
Request a free, complete (though possibly redacted) copy of law enforcement reports. South Carolina Legislature Online
Extended Civil Windows for Survivors: A 2025 bill proposes revising the statute of limitations for claims involving sexual assault, abuse, or incest—potentially extending the timeframe to up to 50 years post-victim turning 21, or within 8 years of discovering the injury. Parental immunity for such claims would be removed. South Carolina Legislature Online
Combating Digital Exploitation: South Carolina has outlawed AI-generated child sexual abuse materials, becoming the 39th state to do so—embracing deepfake technology under broader child protection laws.
South Carolina Fraternal Order of Police
Ongoing Advocacy in Federal Courts: Rep. Nancy Mace of South Carolina has reintroduced the Rape Shield Enhancement Act, aiming to guard survivors against re-traumatization in court proceedings.
U.S. Rep. Mace reintroduces bill to defend rape and sexual assault survivors
If you’re a survivor in South Carolina:
Know the legal definitions and your rights. Being informed about CSC categories and the scope of sexual battery helps you understand charges and reporting dynamics.
Exercise your new statutory rights. You may request status updates on your forensic kit, report results, and law enforcement documentation as soon as your case closes.
Be aware of extended filing windows. Upcoming changes may expand your timeframe to initiate civil claims—especially for historical abuse or cases of delayed reporting.
Seek a supportive, trauma-aware attorney. Complex legal nuances—statutory, evidentiary, and emotional—require sensitive, experienced guidance.
For legal support and to understand how these laws may apply to your case, visit:
Sexual Assault Defense & Support Page: Kaiser Law – Sexual Assault
Related Violent Offenses & Legal Options: Kaiser Law – Violent Offenses
South Carolina’s 2025 legal landscape reflects a growing commitment to survivor empowerment: clearer legal definitions, forensic transparency, extended civil claims, and new protections against emergent threats like AI exploitation. Whether you’re navigating a current case or seeking legal clarity, you don’t have to go it alone—Joseph Kaiser and his firm are ready to help you protect your rights and access justice.
If you or someone you love has questions about sexual assault laws in South Carolina, or if you need immediate legal guidance, know that you don’t have to face the system alone. With a background as a former prosecutor and years of defense experience in Charleston, Joseph Kaiser is committed to protecting your rights and guiding you through every step of the process.
Learn more about how we can help at Kaiser Law, or call the office directly at (843) 970-2827 for a confidential consultation.
