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?