What Is the Statute of Limitations for Sexual Assault?

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If you are facing a sexual assault charge, it’s a serious matter, and it’s made all the more serious by the fact that South Carolina is one of the few states in the nation that has no statute of limitations for criminal offenses. If you’re facing a charge of sexual assault, you need an experienced Greenville criminal defense attorney in your corner. 

The More Time that Passes, the More Difficult It Is to Defend Yourself

The more time that elapses between an alleged sexual assault and charges being brought, the more difficult it is for you to bring your strongest defense, for all of the following reasons:

  • You may not have any idea what you were doing at the time of the alleged assault, which makes providing an alibi extremely difficult.
  • Time has a way of eroding memories, which can mean the charge levied against you is based on something other than actual events.
  • It is difficult to fight charges that relate to a recent event, but charges that relate to an event in the distant past are that much more difficult to refute.

Charged with Sexual Assault? An Experienced Greenville Criminal Defense Attorney Can Help

If you are facing a sexual assault charge, Sam Tooker at David R. Price, Jr., P.A., Attorneys at Law in Greenville, South Carolina, is a knowledgeable criminal defense attorney who has an impressive track record of successfully defending the legal rights of clients like you. To learn more, please don’t wait to contact or call us at 864-310-7640 today.


Are there any legal protections related to alleged offenses in the past?

Yes, South Carolina does have a due process law that is intended to help prevent oppressive pre-indictment delays.

However, the Due Process Clause plays a limited role in protecting against oppressive pre-indictment delay. Only when a defendant can show that he was actually and substantially prejudiced by the pre-indictment delay and that the State failed to offer a valid justification for the pre-indictment delay, should the trial court dismiss the case.

Am I required to hire an attorney? 

No, you aren’t required to hire an attorney, but the consequences that are commonly associated with not doing so can be immense. 

What Is Sexual Assault? 

In South Carolina, what in common parlance is referred to as “sexual assault” is classified as either criminal sexual conduct or form of assault and battery. If a defendant is accused of committing a sexual battery on a victim, then, depending on the manner in which the battery was committed, he will be charged with criminal sexual conduct, first degree, second degree, or third degree. On the other hand, if a defendant is not accused of committing a sexual battery but is accused of unlawfully touching the private parts of another, then the defendant will be charged with either assault and battery, first degree or second degree.


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