Sexual assault is generally forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent. And although precise definitions and punishments vary from state to state, the criminal offense of aggravated sexual assault generally includes aggravating circumstances that increase the severity of the sexual assault—such as when the assailant or perpetrator uses, displays, or threatens the victim with a deadly weapon (a gun or knife); when the assailant uses a rape drug to incapacitate the victim; or when the victim is a child under a certain age, as defined by the statute.

In South Carolina, sexual assault is addressed under the state's criminal sexual conduct statutes. The law defines various degrees of criminal sexual conduct, with first-degree criminal sexual conduct being the most severe. This includes sexual battery (which can involve sexual intercourse, sodomy, or other sexual penetration) accomplished by aggravated force, during a kidnapping, or when the victim is incapacitated due to the influence of a controlled substance, among other circumstances. Aggravated sexual assault in South Carolina would typically fall under first-degree criminal sexual conduct, especially when it involves the use of a deadly weapon, the administration of a drug to incapacitate the victim, or when the victim is a minor under a certain age. The age of consent in South Carolina is 16, and sexual battery with a victim under the age of 16 can lead to more severe charges, especially if the perpetrator is in a position of authority over the victim. Penalties for sexual assault in South Carolina are severe and can include lengthy prison sentences, with the possibility of life imprisonment for certain first-degree offenses.