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South Carolina recognizes no-fault and fault based grounds for divorce.

For a no-fault divorce, the parties must have lived separate and apart without cohabitation (not just in another room) for over one year.

But in South Carolina, even a reasonable mistake as to the victim's age will not be a defense to a charge of statutory rape.

If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area.

For more information on statutory rape and the history of this crime, see Statutory Rape Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities.

Their incapacity is written into the statute—hence the term, “statutory” rape.

This offense incurs up to 30 years in prison without the possibility of parole.

However, it should be noted that Desertion is rarely used as a ground for divorce since the parties must have lived separate and apart without cohabitation, just as is the requirement for a no-fault one-year continuous separation divorce.

Committing or attempting lewd act upon a child under 16 occurs between a defendant and a minor who is 14 or 15. Convictions for first degree criminal sexual conduct with a minor incur lifetime status as a registered sex offender.

A lewd act includes sexual contact meant to arouse or gratify the parties’ sexual desires. Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as “Someone else committed this crime, ” or “The alleged conduct did not occur.” South Carolina has a marital exemption for statutory rape that allows consensual sex between a married female (14 or older) and her adult spouse, or a married male (16 or older) and his adult spouse, even though their ages would prohibit it if they were not married.

Minors are legally incapable of giving consent to having sex; so for example, if Jen, a 15 year old willingly has sex with Tony, her 23 year old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place.

But if Jen and Tony are and living in South Carolina, Tony need not fear criminal charges for having consensual sex with Jen.

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