What is Sexual Assault/Rape?
Sexual assault and rape are often used interchangeably and can sometimes leave a person confused about what has happened to them and can lead to less reporting.
Definition of Sexual Assault and Rape
Sexual assault is any actual or attempted non-consensual sexual activity including, but not limited to, intercourse, attempted intercourse or sexual touching by a person known or unknown to the survivor.
Rape is an act of sexual intercourse with a person against his or her will and consent whether a person’s will is overcome by force or fear resulting from the threat of force, or by drugs administered without consent, or when a person is unconscious, intoxicated or otherwise physically unable to communicate willingness.
Having sexual relations with someone who is unable to give consent due to being mentally incapacitated, intoxicated, under the influence of alcohol or other substances, unable to say “no” unconscious or passed out is rape.
South Carolina Law on Sexual Assault/Rape
In the state of South Carolina, rape, and/or sexual assault is labeled as criminal sexual conduct. Below you will find the way this crime is defined by SC law and the varying degrees. Punishment can vary from 10 to 30 years depending on the severity of the assault.
ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT
CRIMINAL SEXUAL CONDUCT - FIRST DEGREE
CRIMINAL SEXUAL CONDUCT - SECOND DEGREE
CRIMINAL SEXUAL CONDUCT - THIRD DEGREE