Your Options When Facing Criminal Sexual Conduct Charges in SC

You’ve been accused of criminal sexual conduct. Maybe the accusation is based on a misunderstanding. Maybe the relationship was consensual, and now someone is claiming otherwise.

No matter the circumstances, you’re facing one of the most serious charges in South Carolina law. Criminal sexual conduct (CSC) charges can result in decades in prison, mandatory sex offender registration, and a destroyed reputation.

But being accused doesn’t mean you’re guilty.

South Carolina’s Three Degrees of Criminal Sexual Conduct

South Carolina divides criminal sexual conduct into three degrees based on the severity of the alleged offense.

First Degree Criminal Sexual Conduct

First-degree CSC under § 16-3-652 is the most serious sex crime in South Carolina. It involves sexual battery (non-consensual sexual intercourse) combined with aggravating circumstances such as:

• Use of aggravated force or violence
• The victim being physically helpless or mentally incapacitated
• Multiple perpetrators acting together
• Use of a weapon
• The victim being under 11 years old

Penalties: 10 years to life in prison with no parole eligibility. You must serve at least 25 years before being considered for release.

Second Degree Criminal Sexual Conduct

Second-degree CSC under § 16-3-653 involves sexual battery accomplished through:

• Aggravated coercion
• The defendant being in a position of authority over the victim
• The victim being mentally defective, incapacitated, or physically helpless
• Force or coercion without aggravating circumstances

Penalties: Up to 20 years in prison.

Third Degree Criminal Sexual Conduct

Third-degree CSC under § 16-3-654 involves sexual battery accomplished through force or coercion, but without the aggravating factors required for first or second-degree charges.

Penalties: Up to 10 years in prison.

All three degrees require mandatory sex offender registration upon conviction.

Your Legal Defense Options

Now that you understand the charges, here’s what you can actually do about them.

Challenge the Accusation on Consent

If the alleged victim consented to the sexual activity, you cannot be convicted of CSC. Your attorney will examine all evidence to establish that consent was given:

• Text messages and emails before and after the encounter
• Witness statements about the relationship
• The alleged victim’s behavior and statements
• Any history of consensual contact between you

This defense doesn’t apply if the alleged victim was legally unable to consent due to age, incapacity, or other factors under South Carolina law.

Expose a False Accusation

People lie. Your attorney can investigate why someone would make a false accusation against you:

• Revenge after a breakup or rejection
• Gaining an advantage in a custody dispute
• Covering up infidelity or explaining suspicious behavior
• Financial motives in civil litigation
• Mental health issues or attention-seeking behavior

Your attorney will look for inconsistencies in the accuser’s story, examine their credibility, and identify evidence that contradicts their version of events.

Attack the Identification

In cases involving strangers or limited contact, mistaken identity is a real possibility. Your attorney can:

• Challenge the reliability of eyewitness identification
• Present alibi evidence showing you were somewhere else
• Question the identification procedures police used
• Point out that the alleged victim never got a clear look at their attacker

Prove Lack of Evidence

The prosecution must prove every element of the charge beyond a reasonable doubt. If their case is weak, your attorney can argue:

• There’s no physical evidence linking you to the alleged crime
• No witnesses support the accuser’s version of events
• The case comes down to “he said, she said” with no corroboration
• DNA evidence is absent, contaminated, or inconclusive

Challenge Constitutional Violations

If police violated your rights, the evidence they obtained may be inadmissible:

• Illegal searches without a warrant or probable cause
• Coerced confessions without proper Miranda warnings
• Statements made after you requested an attorney
• Evidence obtained through improper interrogation tactics

Your attorney will review every step of the investigation to find violations that could get evidence thrown out.

Negotiate for Reduced Charges

Sometimes the best option is negotiating with prosecutors before trial. Your attorney may be able to:

• Get the charge reduced to a lesser offense
• Negotiate for a plea that doesn’t require sex offender registration
• Arrange for alternative sentencing, like probation or counseling
• Secure a plea agreement that avoids mandatory minimum sentences

This isn’t about admitting guilt when you’re innocent—it’s about weighing risks when the evidence is unclear or when a jury trial carries too much uncertainty.

What You Should Do Right Now

If you’ve been accused of CSC in South Carolina, these steps are critical:

Stop Talking Immediately

You have the right to remain silent. Use it. Do not:

• Talk to the police without an attorney present
• Try to explain the situation to the investigators
• Answer questions thinking you can clear things up

Anything you say will be used against you, even if you’re innocent.

Don’t Contact the Accuser

Any contact can be twisted into evidence of intimidation or consciousness of guilt. If there’s a protective order in place, violating it will make everything worse. Let your attorney handle all communication.

Preserve Evidence That Helps You

Gather any evidence that supports your version of events:

• Text messages, emails, or social media communications
• Photos or videos from the time period in question
• Names and contact information for potential witnesses
• Records showing where you were (receipts, GPS data, surveillance footage)

Don’t delete anything, but also don’t post anything new on social media.

Hire a Criminal Defense Attorney Immediately

The sooner you have legal representation, the better your chances. Evidence disappears. Witnesses forget details. Police and prosecutors build their case while you’re sitting at home, hoping this goes away.

What Happens If You’re Convicted

Understanding what’s at stake makes the urgency clear. A CSC conviction means more than prison time.

Lifetime Sex Offender Registration

If you’re convicted of any degree of CSC, you must register as a sex offender for life. This means:

• Your name, photo, and address posted on a public registry
• Restrictions on where you can live, work, and go
• Regular reporting requirements to law enforcement
• A permanent public record that follows you forever

There is no way to get off the registry in South Carolina.

Loss of Professional Licenses and Career

If you work in healthcare, education, law, or any profession requiring a state license, a CSC conviction ends your career. Most licensing boards automatically revoke credentials for sex crime convictions.

Custody and Immigration Consequences

A CSC conviction will almost certainly cost you custody of your children. For non-citizens, it’s an aggravated felony that results in deportation and a permanent bar from re-entry to the United States.

Why You Need an Experienced Criminal Defense Attorney

CSC cases are some of the most complex and high-stakes cases in South Carolina’s criminal justice system. You cannot fight these charges alone.

At Okoye Law, we understand that accusations are not the same as guilt. We’ve represented clients in Rock Hill, Fort Mill, and throughout York County who were falsely accused, wrongly charged, or facing charges based on misunderstandings.

We know how to:

• Investigate the accuser’s credibility and possible motives
• Challenge forensic evidence and expert testimony
• Identify weaknesses in the prosecution’s case
• Negotiate with prosecutors for reduced charges when appropriate
• Take your case to trial when necessary

Take Action Now to Protect Yourself

If you’ve been accused of criminal sexual conduct in South Carolina, time is not on your side.

Contact Okoye Law today for a confidential consultation. Don’t wait. Don’t try to handle this alone. And don’t assume that the truth will come out on its own.