Rape – Criminal Sexual Conduct (CSC) Defense Lawyer in Charleston, SC

Rape, or criminal sexual conduct (CSC), charges are serious allegations that can destroy a person’s life, family, and reputation.

It is a “hot” political issue, with competing arguments on both sides – victim’s advocates say that police and prosecutors do not believe rape victims often enough, and that rape victims are demonized and dragged through the mud when they make their allegation.

On the other hand, many, many rape allegations are false, and people who have been accused of rape suffer irreversible reputational damage, in addition to incarceration and the expense of defending against false allegations.

Why Would Someone Make a False Allegation of Rape?

There is no one, simple answer to why people make false allegations, although most CSC incidents involve alcohol or drug use. Some common issues that we have seen include:

Buyer’s Remorse: A person makes a bad decision after having some drinks and claims that they were raped either immediately after or the next morning.

Boyfriend or spouse: Someone has casual sex during a night out. It’s all well and good until the boyfriend or spouse finds out or is about to find out, then the person claims they were raped to give themselves cover to save their relationship.

Racism: Sound crazy? What happens when a white girl has sex with a black man, and the girl’s racist family finds out or is about to find out?

Revenge: Boyfriend breaks up with girl, and the next day she calls the police and reports that he raped her – he is now arrested, jailed, and branded as a rapist which will surely dampen his future romantic prospects…

Mental illness: Many false allegations of rape involve some form of mental illness on the part of the accuser.

Alcohol or other drugs: If a guy takes advantage of a girl who is severely intoxicated to the point that she cannot consent to sex, that is CSC 3rd degree under SC’s rape laws. If he purposefully drugs the girl before taking advantage of her, that is CSC first degree and it carries up to 30 years in prison.

But, what happens if both are severely intoxicated and have consensual sex? Should only the male be charged with rape when neither are legally capable of consent? I have never seen a female charged in this type of situation – do the CSC laws protect women but not men?

Are All Rape Allegations False?

Of course not.

But, when they are, false allegations need to be addressed head-on. It is a fact that women and men are raped. Many do not report the rapes. Some do, and arrests are made.

It is also a fact that many rape allegations are false, and that people are arrested every day and charged with rape when they did not commit the crime.

How Do You Defend Against False Rape Allegations?

A prosecutor or victim’s advocate’s refrain is that evil defense attorneys “blame the victim” in rape cases. Let’s talk about that for a minute.

If the rape allegations are false, the defendant is the victim. That’s not a smarmy defense lawyer turning the tables on a hapless victim – it is a fact.

If a mentally ill, drunk, remorseful, mutually drunk, or revenge-seeking person makes a false allegation of rape, the defense attorney’s job is to show the reasons why the person is making the allegations – that is not “blaming the victim,” it is showing why the “victim” is not a victim at all to avoid further tragedy.

What is the Rape Shield Statute?

SC has what is called a rape-shield statute, SC Code Section 16-3-659.1, that prevents the defense from introducing evidence at trial of an alleged victim’s unrelated sexual conduct solely for the purpose of attacking their character and credibility.

The rape shield statute does not, however, prevent the defense from introducing evidence that shows that the alleged victim is lying and why the alleged victim lied. In every case, the defendant’s right to present a complete defense takes precedence over the rape shield statute or any other legislation that would prevent the defendant from presenting their case when the evidence is relevant and admissible – in some cases, even when it involves prior sexual conduct of an alleged victim.

Do I Need an Investigator or Experts?

In many rape cases, we will need to retain an investigator to help us determine the alleged victim’s motivation for lying, whether they have made false allegations in the past, whether mental health issues exist that may explain the alleged victim’s behavior, and to locate and interview witnesses favorable to the defense.

In some cases, we will need to retain expert witnesses like a doctor who can review and explain the results of a rape kit, crime scene analysts, or experts who can review the state’s forensic evidence and testify at trial when needed.

What are the Degrees of Criminal Sexual Conduct in SC?

Rape charges can be first, second, or third degree, depending on how the rape was accomplished and the amount of force used.

CSC Third Degree

3rd-degree CSC involves the use of non-aggravated force or coercion or sexual conduct with an alleged victim who is incapacitated due to intoxication, mental capacity, or other reasons.

Third degree CSC carries a maximum prison sentence of ten years.

CSC Second Degree

2nd-degree CSC involves aggravated coercion or threats to use physical violence and carries a sentence of up to 20 years in prison.

CSC First Degree

1st-degree CSC 1) involves the use of aggravated physical violence, 2) it happens during a kidnapping, robbery, burglary, or a similar offense, or 3) the alleged victim is drugged without their consent. It carries a maximum potential sentence of up to 30 years in prison.

What are the Consequences of a CSC Conviction in SC?

Besides the life-long stigma of a rape conviction, criminal sexual conduct convictions may result in:

  • Long prison sentences;
  • Lifetime registration on the sex offender registry;
  • Lifetime GPS monitoring for some offenses;
  • Loss of employment; and
  • Inability to find new employment – no one wants to hire a convicted (or even accused) rapist and subject themselves to liability.

SC Rape and CSC Defense Attorney in Charleston

If you have been accused of rape in Charleston, SC, you are facing determined and dedicated prosecutors, police investigators, and victim’s advocates who may be fighting a broader, political war against sex crimes.

Do not talk to police or investigators until you have retained an experienced sex crimes defense lawyer – call Charleston, SC rape defense lawyer Grant B. Smaldone now at (843) 808-2100 or fill out our online contact form to schedule a free consultation.