Charged with Sexual Battery Against Your Spouse?

South Carolina's Spousal Sexual Battery law is contained in S.C. Code § 16-3-615. In order to be convicted the State must prove that during the time of a valid marriage one spouse sexually penetrated the other with the use of a weapon or aggravated force. There is a statutory requirement that the alleged incident be reported to law enforcement within thirty days. Those convicted (by guilty plea or trial) may be sentenced to up to ten years in the South Carolina Department of Corrections.

A conviction spousal sexual battery also will place the defendant on the South Carolina Sex Offender registry. This is a publicly assessable database routinely associated with sexual predators and child molesters.

In many instances the charge of Spousal Sexual Battery will be accompanied by a charge of felon level criminal domestic violence (DVHAN). This is designed to ensure that the prosecution will be able to pursue the serious domestic violence charge even if the evidence is determined to be insufficient to prove a sexual assault.

James Snell is a Lexington Criminal Defense attorney who represents individuals in and around Columbia South Carolina charged with Spousal Sexual Battery, Criminal Domestic Violence or other criminal offenses.