Most states prosecute educators (teachers) for improper sexual contact with students under the state’s statutory rape laws—which are premised on the student being under the age of consent recognized by law, even if the student was a willing participant.
But some states have enacted specific statutes making it a crime—often a felony—for an educator to have sexual contact with a student—even if the student has reached the age of consent (17 years of age, for example).
Laws vary from state to state, and laws governing sexual contact between educators and students are generally located in a state’s statutes—often in the penal or criminal code.
In South Carolina, it is illegal for educators to engage in sexual battery with a student. The law is codified under South Carolina Code of Laws Section 16-3-755, which specifically addresses sexual battery with a student. This statute makes it a felony for a person affiliated with a school in an official capacity to engage in sexual battery with a student aged 16 or 17, regardless of the student's consent. The term 'sexual battery' is defined in South Carolina law to mean sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body. The law applies to students who are 18 years of age or older as well, if the student is a special needs student as defined by the statute. Violation of this law can result in severe penalties, including imprisonment. It is important to note that the age of consent in South Carolina is generally 16, but this specific statute overrides the general age of consent when it comes to educators and students.