Yes. In South Carolina, the statute of limitations for sexual abuse varies based on the nature of the offense and the age of the victim. It’s crucial to be aware of these timelines, as they determine the window in which a victim can pursue legal action.
The current law states that an action to recover damages for injury to a person arising out of an act of sexual assault, sexual abuse, or incest must be commenced within six years after the person becomes twenty-one years of age or within three years from the time of discovery by the person of the injury and the causal relationship between the injury and the sexual abuse or incest, whichever occurs later.
However, there is a proposed bill that would amend the law and provide a longer statute of limitations for victims of sexual abuse or incest. The bill would change the time limit to six years before the person becomes fifty-five years of age or within five years from the time of discovery by the person of the injury and the causal relationship between the injury and the sexual assault, sexual abuse, or incest, whichever occurs later. The bill was introduced in the House on January 13, 2021, and resides in the House Committee on Judiciary.
Sexual abuse is a traumatic experience, often leading to long-lasting pain and suffering for the victim. Victims may choose to pursue civil and criminal routes in South Carolina when seeking justice for such acts. Navigating this legal landscape involves understanding the role of various organizations and processes, including the Equal Employment Opportunity Commission (EEOC), especially if the abuse occurred in a workplace setting.
Civil Lawsuits for Sexual Abuse
For those who have experienced the trauma of sexual abuse, seeking justice and compensation through the civil legal system can be a viable option. This avenue allows victims to address the harm done to them, not just from a criminal standpoint but in terms of the personal, emotional, and financial damages they’ve endured.
1. Purpose of Civil Lawsuits
Unlike criminal cases, which aim to penalize the perpetrator for wrongdoing, civil lawsuits primarily focus on compensating the victim. This compensation can cover various damages, from medical expenses to therapy costs, lost wages, and general pain and suffering.
2. Sexual Harassment in the Workplace
Sexual abuse can take many forms, and when it transpires within a professional environment, it’s termed sexual harassment. The workplace should be a safe space, and any breach of this safety, such as unwanted advances, inappropriate comments, or physical abuse, can be grounds for a sexual harassment lawsuit.
3. Role of the EEOC
The EEOC is a federal agency responsible for enforcing laws against workplace discrimination, including sexual harassment. Before diving into a court case, victims must usually file a complaint with the EEOC. The commission then investigates the claim, ensuring that victims’ rights are upheld and offering a potential resolution without escalating to court.
4. The Right to Sue Letter
When the EEOC validates the victim’s complaint but cannot mediate a satisfactory settlement between the parties, they issue a Right to Sue letter. This crucial document gives victims the legal green light to take their case to court. It is worth noting that receiving this letter doesn’t mean the EEOC has taken a stance on the case’s merits; rather, it indicates the victim’s right to pursue the matter further legally.
5. The Legal Proceedings
Once the lawsuit is filed in court, both parties will present their evidence, witnesses, and arguments. The goal for the victim is to demonstrate, with a preponderance of evidence, that the abuse occurred and resulted in quantifiable damages. If successful, the court may award compensation based on the nature and extent of the harm suffered.
6. The Role of Legal Representation
Given the complexity of these cases, victims benefit immensely from having knowledgeable legal representation. A competent attorney can guide victims through the intricate process, ensuring their rights are protected and maximizing their chances of receiving fair compensation.
Criminal Cases for Sexual Abuse
Separate from civil actions, victims or the state can press criminal charges against the perpetrator.
The penalties for criminal sexual abuse in South Carolina vary depending on the degree of the offense and the circumstances of the case. The most serious offense is criminal sexual conduct in the first degree, which involves nonconsensual sexual battery with aggravating factors, such as using a weapon, causing serious injury, or committing the act with another person. This offense can result in up to 30 years in prison.
The second most serious offense is criminal sexual conduct in the second degree, which involves nonconsensual sexual battery with other factors, such as using physical force, threatening violence, or taking advantage of the victim’s incapacity. This offense can result in up to 20 years in prison. The third most serious offense is criminal sexual conduct in the third degree, which involves nonconsensual sexual battery without any other factors. This offense can result in up to 10 years in prison.
Another category of offenses is sexual assault and battery, which involves nonconsensual touching of the intimate parts of another person. The most serious offense in this category is sexual assault and battery in the first degree, which involves touching the victim’s genitals, anus, or breasts with the actor’s genitals, anus, or mouth or causing the victim to touch the actor’s genitals, anus, or mouth with the victim’s genitals, anus, or mouth. This offense can result in up to 10 years in prison.
The second most serious offense in this category is sexual assault and battery in the second degree, which involves touching the victim’s genitals, anus, or breasts with any part of the actor’s body or causing the victim to touch the actor’s genitals, anus, or breasts with any part of the victim’s body. This offense can result in up to 3 years in prison, a fine of up to $2,500, or both.
The least serious offense in this category is sexual assault and battery in the third degree, which involves touching the victim’s clothed or unclothed intimate parts with any part of the actor’s body or causing the victim to touch the actor’s clothed or unclothed intimate parts with any part of the victim’s body. This offense can result in up to 1 year in prison, a fine of up to $500, or both.
A person convicted of any of these offenses must also register as a sex offender and may be subject to other restrictions and requirements.
Other Compensation for Sex Abuse Victims
Experiencing sexual abuse is not only traumatizing but can also lead to various unexpected costs and financial strains for victims. Beyond pursuing justice through civil and criminal cases, there are additional avenues of compensation that victims might consider. These resources are designed to provide holistic support, ensuring survivors can rebuild and recover without the added pressure of financial burdens.
1. Medical Expense Coverage
Many victims of sexual abuse require immediate as well as ongoing medical attention. This could encompass everything from emergency medical treatment immediately following the incident to long-term medical care for sustained injuries. Compensation programs may cover these expenses, ensuring victims receive the necessary care without the stress of mounting bills.
2. Therapy and Counseling
The psychological scars left by sexual abuse can be as deep as the physical ones. Many survivors benefit from professional counseling and therapy sessions, which can be instrumental in their healing process. Compensation programs recognize the importance of mental health support and may cover the costs of such therapeutic services.
3. Relocation Costs
In some cases, victims might find it necessary to relocate, either to distance themselves from their abuser or to be closer to supportive family and friends. Compensation programs can assist with the costs associated with moving, such as rent deposits, moving services, and other related expenses.
4. Lost Wages and Career Support
Sexual abuse can disrupt a victim’s professional life, leading to missed workdays or even job loss due to trauma. Some compensation schemes account for these lost wages. Additionally, career support services, like vocational training or job placement assistance, may be available for those who find it challenging to return to their previous employment.
5. Legal Assistance
Navigating the legal landscape can be daunting. Some compensation programs offer financial support for legal fees, ensuring victims can access justice without worrying about legal expenses. This can particularly benefit those who might not otherwise afford a personal injury lawyer.
Understanding and accessing these diverse avenues of compensation ensures that survivors of sexual abuse receive comprehensive support, enabling them to move forward and rebuild their lives.
Do I Need a Lawyer?
If you or someone you know is a victim, consulting with a personal injury lawyer or, in the case of criminal charges, a criminal lawyer is vital. They can guide the best course of action, ensuring that the victim’s rights are upheld and they receive the justice they deserve.
If you’re in South Carolina and need a trusted legal ally, LegalMatch is here to connect you with a qualified South Carolina criminal lawyer who can assist you every step of the way. Seek the justice you deserve with LegalMatch today.
