John Crangle offers criminal defense services to clients throughout Greenville County and the 13th Judicial Circuit. He addresses sexual assault and sex crime cases with the attention and seriousness that these charges demand, understanding the significant impact they can have on every aspect of your life.
Over 1000 Clients Represented
You need an experienced attorney. John has tried more than a dozen cases to jury verdict as lead defense attorney. He knows what a good resolution of your case is, and more importantly what a bad resolution is.
“Mr. Crangle did a great job in handling my legal issue. Quick, polite, easy to work with, and affordable. Definitely would recommend!”
Vincent D“100% recommend John for any ongoing case. He got my case dismissed. Best criminal defense in the upstate.”
Johnathan MWhat is Sexual Assault in South Carolina?
South Carolina does not use a single statute called “sexual assault.” Instead, the state’s term is “Criminal Sexual Conduct” (CSC), covering serious nonconsensual sex offenses alongside related assault and battery provisions. These laws are designed to address a wide range of behaviors, ensuring that all forms of sexual misconduct are prosecuted appropriately.
What many refer to as “sexual assault” in South Carolina falls under the three degrees of Criminal Sexual Conduct, the assault and battery statutes with sexual elements, and the assault with intent to commit statute under S.C. Code § 16-3-656. Understanding the distinctions between these charges is crucial in mounting a successful defense.
Criminal Sexual Conduct 1st Degree (§ 16-3-652): Involves sexual battery using aggravated force, during another crime like kidnapping or robbery, or by drugging the victim. Punishable by up to 30 years in prison. This charge signifies the most severe cases of sexual misconduct, carrying the harshest penalties.
Criminal Sexual Conduct 2nd Degree (§ 16-3-653): Involves sexual battery using aggravated coercion, such as threats of serious violence or to commit a kidnapping. Punishable by up to 20 years. This degree often involves significant manipulation or intimidation tactics.
Criminal Sexual Conduct 3rd Degree (§ 16-3-654): Involves sexual battery using force or coercion without the severe elements of 1st or 2nd Degree, or against a mentally or physically incapacitated person. Punishable by up to 10 years. These cases may hinge on the nuances of consent and capability.
Assault and Battery in the 1st Degree (§ 16-3-600(C)): Covers unwanted touching of private parts with sexual intent, resulting in physical injury. Punishable by up to 10 years. The presence of injury elevates the seriousness of the charge.
Assault and Battery in the 2nd Degree (§ 16-3-600(D)): Covers unwanted touching of private parts without injury. Punishable by up to 3 years. These charges might seem less severe but still carry significant consequences.
Criminal Sexual Conduct: Assault with Intent to Commit (§ 16-3-656): Covers attempts to commit criminal sexual conduct. Punishable by up to 10 years. Even attempts without completion can lead to severe legal consequences.
“Sexual battery,” within the CSC framework, refers to sexual intercourse, anal or oral sex, or any intrusion of any body part or object into the genital or anal opening of another person. The legal definitions aim to cover all potential violations comprehensively.
Penalties for Sexual Assault in Greenville, SC
The penalties depend on the specific charge, and the state of South Carolina has stringent guidelines for these offenses to ensure justice is served.
A Criminal Sexual Conduct 1st Degree conviction can lead to up to 30 years in prison, with no probation or parole before serving the required time. Criminal Sexual Conduct 2nd Degree has a 20-year maximum sentence. Criminal Sexual Conduct 3rd Degree carries a maximum of 10 years. The severity of these penalties reflects the seriousness with which the state treats these crimes.
CSC 1st and 3rd Degrees are both violent offenses under § 16-1-60, influencing time served and parole eligibility. This classification impacts not only sentencing but also how these offenses are perceived by juries and judges alike.
Each degree of CSC necessitates sex offender registration under S.C. Code § 23-3-430. In many cases, this registration lasts a lifetime, with reporting frequency and removal eligibility depending on the tier. Information is publicly available on SLED’s online registry, affecting housing, employment, and social relationships.
Assault and battery charges with sexual elements may lead to shorter sentences but can also require registration if the court determines it necessary. This highlights the importance of a strong defense strategy to navigate these complex legal waters.
How Sexual Assault Cases Are Prosecuted in Greenville County
The 13th Judicial Circuit’s Solicitor’s Office takes a strong stance on sexual assault cases. Greenville County has dedicated sex crimes investigators, and law enforcement collaborates closely with the Solicitor’s Office beginning early in the investigation to ensure thoroughness and accuracy.
Cases often involve examinations by Sexual Assault Nurse Examiners (SANE), producing detailed forensic medical reports crucial as evidence. DNA analysis through SLED’s forensic laboratory is common. Digital evidence, like text messages, call logs, location data, and social media, plays a growing role in modern prosecutions, offering new avenues for evidence collection and analysis.
South Carolina doesn’t require corroborating evidence for a CSC conviction. The complainant’s testimony, if believed by the jury, can suffice. This makes the quality of your defense and the thoroughness of your attorney’s investigation critical. It underscores the importance of a comprehensive defense that challenges every aspect of the prosecution’s case.
Cases in Greenville County are heard in General Sessions Court. A grand jury indictment is necessary before trial, but the process from arrest to indictment to trial can take months. Your attorney should be active throughout, not just near trial time, ensuring no detail is overlooked in preparing your defense.
Defense Strategies for Sexual Assault Charges
The best defense strategy depends on the charge and specifics of your case. Here are common approaches in sexual assault cases, each requiring a tailored approach based on the unique facts and circumstances.
Consent: This is the most common defense. If the sexual contact was consensual, the prosecution cannot meet its burden of proof. The prior relationship, nature of communications, and the complainant’s behavior before and after the alleged incident are all integral to a consent defense. This defense requires meticulous attention to detail and evidence gathering.
Challenging forensic evidence: SANE reports, DNA outcomes, and toxicology findings are challengeable. Issues with chain of custody, lab processes, result interpretation, and the meaning of physical findings are all valid targets. An attorney who understands forensic science will identify weaknesses in the state’s case, potentially leading to reduced charges or dismissal.
Challenging the complainant’s credibility: Since the complainant’s testimony can be the foundation of the case, cross-examination is essential. Inconsistencies in previous statements, motives to lie, and the complainant’s truthfulness history are all relevant. This strategy can be critical in cases lacking physical evidence.
False allegations: Identifying the motive behind a false accusation can be a strong defense. Factors include jealousy, revenge, custody disputes, and financial motives. Demonstrating these motives requires a strategic approach and detailed investigation.
Constitutional challenges: If your rights were compromised during the investigation, including unlawful searches or coerced confessions, a suppression motion can remove critical evidence. Protecting your constitutional rights is a fundamental part of any defense strategy.
If there’s any federal component, whether involving federal property, interstate factors, or potential human trafficking charges, consult a Federal Crimes Lawyer alongside your state defense attorney to ensure comprehensive legal support.
Why You Need a Sexual Assault Lawyer in Greenville
These are among the most serious cases you’d face. The prosecution leverages skilled investigators, forensic resources, and jurors who may initially doubt defendants. To counter this, you need a defense attorney who is fully prepared, aggressive in challenging evidence, and skilled in the courtroom, ensuring that your rights are protected at every step.
John Crangle is a Greenville Criminal Defense Lawyer managing sex crimes cases across Greenville County. He values every client as an individual, commits time to understanding the facts, and fights vigorously at every phase of the process. Whether facing your first court appearance or heading to trial, he’s prepared to stand beside you, advocating for your rights and striving for the best possible outcome.
Also, convictions for many sexual assault-related offenses entail placement on the Sex Offender Registry, with certain convictions not eligible for expungement. These are consequences that can greatly affect your future. Fight back with an experienced lawyer by your side, ensuring you have the best defense possible.
Contact John Crangle today to schedule a confidential consultation.
If you’re facing charges, don’t wait to get legal help. Contact John Crangle today for a consultation about your case.