Goose Creek, SC asked in Criminal Law and Sexual Harassment for South Carolina

Q: what would the charges be if a 17 year old is raped by three college students? victim was intoxicated before the assault

marijuana was involved, but it was the victims.

1 Lawyer Answer
Stephen Grooms
Stephen Grooms
  • Criminal Law Lawyer
  • Myrtle Beach, SC
  • Licensed in South Carolina

A: In South Carolina age 17 is considered to be an adult in terms of engaging in sexual activity so her age alone will not result in a potential criminal charge, but if she was voluntarily intoxicated to the point of being "mentally defective, mentally incapacitated, or physically helpless" and the alleged assailants knew of her condition then there could possibly be grounds for a criminal sexual conduct in the 2nd degree charge under " SC 16-3-654

Any alleged sexual assault is serious, and I would recommend talking to a counselor or member of law enforcement about the facts to get a more informative opinion about the possible options

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