Sexual Assault By A Minor

**pcblue2010** · 02-24-2008, 06:20 PM

I have two questions regarding sexual assault in the state of South Carolina. First, must the victim be physically forced to perform sexual acts in order for it to be considered sexual assault or would a threat of violent action be sufficient?

Second, if an adult were to be sexually assaulted by a minor, say perhaps 15 years old, would the adult then be at risk of being charged with statutory rape or a similar offense even though the sexual act undertaken was without the victim's consent?

It would seem to me that, if a 19 year old is sexually assaulted by a 15 year old, the adult is the victim and not the 15 year old. I don't see any reason for the adult victim to be charged with any type of sex offense since he/she didn't want the encounter to happen in the first place... Am I wrong?

**pcblue2010** · 02-25-2008, 10:13 AM

My reason for posting this is that I have a friend who has been the victim of a sexual assault, by a 15 year old, and he is afraid to report it because his roommate told him that he could be put in jail. Is that true?

**aardvarc** · 02-25-2008, 10:47 AM

Actual physical violence isn't required - the threat of force is enough (South Carolina statutes use the term "coercion" 16-3-651). You are correct; your friend should be filing a report. The fact that the perpetrator happens to be under the age of consent does not magically turn the perp into a victim.

**pcblue2010** · 02-25-2008, 11:46 AM

If there's no physical evidence of anything happening, though, what would the police be able to do???

**gigirle** · 02-25-2008, 11:54 AM

Is the 19 yr old the female or the male victim?
The police will investigate and gather facts which include interviewing witnesses, if any.

Report this ASAP. Physical evidence is not required for a threat.

**aardvarc** · 02-25-2008, 11:58 AM

Physical evidence is nice to have, as it can establish a lot of stuff right off the bat (even if only that a specific person was at a certain place at a certain time), but unlike what television shows, it isn't the make all or break all in investigating and/or prosecuting such crimes. Even more important is the information given by the victim, and statements given by the accused during the investigation process.

Not only is reporting one of the few things that victims can do to empower themselves (and not spend YEARS kicking themselves for NOT reporting), but it also puts the perp "on notice" that this isn't just going to be swept under the rug like it never happened (regardless of the outcome of any investigation or prosecution). Reporting also opens possibilities for access to crime victim compensation to help pay for things like counseling, which your friend could most certainly use.

**pcblue2010** · 02-25-2008, 12:47 PM

Well I actually just called the county Sheriff's office and was told by one of their deputies that because of the age difference, my friend would be the one legally responsible and that he could be charged by the boy's parents.

My friend is a guy... And so is the one that did this...

**lilwing** · 10-17-2008, 11:06 AM

In the state of Ohio the one of age gets prosecuted not the minor. I don't know about other states. I know a guy who was raped by a teenage girl and he got a felony and the girl admitted very openly that she raped him and had a crush on him.

I wish I could give you better news but the laws are not for helping victims in these kind of cases.

Good luck! Maybe someday this kind of thing can be changed around and the real perpetrators get convictions.