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South Carolina Law

What does South Carolina law say?

  • Sexual Battery
    Sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however, slight, of any part of a person's body, or of any object into the genital or anal openings of another person's body, except when such intrusion is accomplished for medically recognized treatment or diagnostic purposes.
  • 16-3-652. Criminal Sexual Conduct in the First Degree  
    The individual engages in sexual battery with the victim and if any one or more of the following circumstances are proven:

    • The individual uses aggravated force;
    • The victim submits to sexual battery under circumstances involving forcible confinement, kidnapping, robbery, extortion, burglary, housebreaking, or any other similar offense.

  • 16-3-653 Criminal Sexual Conduct in the Second Degree      
    The individual uses aggravated coercion to accomplish sexual battery.
  • 16-3-654. Criminal Sexual Conduct in the Third Degree.
    A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual battery with the victim and any one or more of the following circumstances are proven:

    • The individual uses force or coercion in the absence of aggravating circumstances.
    • The individual knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless and aggravated force/coercion was not used to accomplish sexual battery.
  • Definition of Aggravated Force      
    Physical force or violence used to overcome the victim or includes the threat of the use of deadly weapon.

  • Definition of Aggravated Coercion
    The person threatens to use force or violence of a high and aggravated nature to overcome the victim or another individual, if the victim reasonably believes that the person has the present ability to carry out the threat, or threatens to retaliate in the future by the infliction of physical harm, kidnapping or extortion, under circumstances of aggravation, against the victim or any other person.