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South Carolina Sexual Abuse & Assault Lawyer
Survivors who have experienced sexual abuse or assault carry wounds that last far beyond the incident itself, affecting their health and their relationships, sometimes for the rest of their lives. At McGowan, Hood, Felder & Phillips, our sex abuse and assault lawyers have spent decades standing up for survivors across South Carolina, taking on the individuals and institutions responsible and demanding the accountability that the legal system allows. If you or someone you love has been harmed, we are here to fight for you.
“Nearly 1 in 5 women and 1 in 71 men report being raped during their lifetime. In addition, 45.9% of South Carolina women and 17.8% of men in our state report being victims of sexual violence or coercion other than rape.”
South Carolina Coalition against Domestic Violence and Sexual Assault
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How Can We Help?
- Understanding Sexual Abuse and Sexual Assault
- Your Rights as a Survivor in South Carolina
- Who Can Be Held Liable in a Sexual Abuse Case?
- Common Locations and Situations Where Sexual Abuse Occurs
- How McGowan, Hood & Felder Help Survivors
- What Compensation Can Survivors Seek?
- What to Do If You or a Loved One Has Experienced Sexual Abuse
- Contact Our Experienced Sexual Assault Attorneys Today
Understanding Sexual Abuse and Sexual Assault
Sexual assault and sexual abuse are not limited to a single type of act. Under South Carolina law, these offenses fall under the category of criminal sexual conduct, which encompasses a wide range of non-consensual sexual activity. The state defines sexual battery, the core criminal offense, as any sexual intrusion or penetration without consent, including through force, coercion, or the inability of a person to consent due to age, physical or mental incapacitation.
Sexual abuse can occur without physical force. Emotional manipulation, psychological pressure, threats, and exploitation of a position of authority can all render a sexual act non-consensual. What every sex crime has in common is the absence of free and informed consent, and that absence is what gives survivors the right to take legal action.
Your Rights as a Survivor in South Carolina
South Carolina law gives survivors two principal avenues for seeking justice. Criminal prosecution by the state can result in incarceration or probation, along with fines for the perpetrator. But survivors also have the right to file a civil lawsuit independently, regardless of whether criminal charges are ever filed or result in a conviction.
In a civil case, the burden of proof is lower than in criminal court. Rather than proving guilt beyond a reasonable doubt, a survivor must demonstrate that it is more likely than not that the abuse occurred and caused harm. This means that even if a perpetrator is found not guilty in criminal court (or is never charged at all), a successful civil case and meaningful compensation may still be within reach. Experiencing sexual abuse should never mean accepting that justice is impossible.
South Carolina generally allows three years to file a civil claim for sexual abuse, though survivors who were minors at the time, or who experienced incest, may have up to six years. For survivors of childhood abuse, the clock may not start until the abuse is discovered or its connection to resulting harm becomes apparent. The statute of limitations applies strictly, so speaking with a sexual abuse attorney as early as possible will help preserve your legal options, even if you are not yet certain you want to pursue a case.
Who Can Be Held Liable in a Sexual Abuse Case?
The perpetrator in a sexual assault case can be held legally responsible in both the criminal and civil systems. But responsibility extends further in many sexual abuse cases. Institutions and businesses that failed to prevent foreseeable harm or ignored warning signs and allowed abuse to continue may also bear civil liability.
The law firm of McGowan, Hood, Felder & Phillips has pursued claims against a wide range of parties beyond the individual abuser, including schools, religious organizations, hotels and motels, rideshare companies, medical practices and hospitals, college campuses, nursing homes, youth organizations, residential treatment facilities, and coaching staffs. Our firm has filed suits directly against national institutions, including a federal lawsuit naming a national figure skating governing body and litigation arising from the Southern Baptist Convention sex abuse scandal. When large organizations look the other way, we do not.
Common Locations and Situations Where Sexual Abuse Occurs
Sexual abuse does not happen only in isolated or anonymous situations. It frequently occurs in settings that victims and families consider safe. Schools and educational institutions are among the most common environments where abuse by teachers, staff, or other students goes unreported or unaddressed. Religious organizations have faced widespread scrutiny for enabling or concealing abuse by clergy and other authority figures. Hotels and motels have been held liable when inadequate security allowed attacks on guests. Rideshare platforms have faced claims from passengers assaulted by drivers. Medical professionals and nursing home staff have been held accountable for assaulting vulnerable patients.
Anywhere a person in authority exercises power over another, which could include a workplace, a treatment facility, a sports program, or a place of worship, the potential for abuse exists. When that abuse occurs and the institution fails to act or actively conceals it, survivors have the right to demand accountability from every responsible party.
How McGowan, Hood & Felder Help Survivors
Our attorneys handle sexual abuse and assault cases with the seriousness and confidentiality these matters demand. We work to understand the full scope of what happened and identify every party who may be held responsible, conducting thorough discovery, gathering physical evidence, interviewing witnesses, obtaining prior complaint records, and building civil claims designed to withstand challenge.
We are experienced in navigating the intersection of criminal charges and civil cases. When a criminal prosecution is ongoing, we work in coordination to protect your civil rights throughout the process. When no criminal case exists, we move forward with the civil claim on its own terms. Our team will also arrange for a female attorney to handle your case if that is your preference.
The firm has a long record of pursuing sexual abuse cases that others decline to take. We have filed suits against a national figure skating body, pursued litigation against the Southern Baptist Convention, and brought claims against a former pediatrician at Prisma Health Children's Hospital. These cases reflect our willingness to take on powerful defendants and see the fight through.
What Compensation Can Survivors Seek?
A successful civil case for sexual abuse or assault can result in compensation for the real and lasting harm survivors experience. Recoverable damages may include medical expenses related to the assault, the cost of ongoing therapy and trauma care, lost wages if the abuse prevented or disrupted employment, and compensation for physical and emotional pain and suffering. Survivors dealing with post-traumatic stress disorder (PTSD), anxiety, depression, and other psychological effects of traumatic experiences are entitled to seek damages for those conditions as well.
Civil claims may also include loss of enjoyment of life and loss of consortium, harms that reflect how sexual violence disrupts a survivor's relationships and daily existence. A criminal conviction is not required to recover these damages; the civil system operates independently and on its own standard of proof.
In cases where the defendant's conduct was especially egregious or where an institution demonstrated deliberate indifference to ongoing abuse, punitive damages may also be available. These are designed to punish the wrongdoer and deter future misconduct, sending a clear message that survivors of sexual violence deserve to be taken seriously.
What to Do If You or a Loved One Has Experienced Sexual Abuse
The immediate priority after any sexual assault is safety. Once you are out of danger, there are steps that can help protect both your health and your legal options. Seek medical attention as soon as possible, since medical documentation establishes the physical record that can be fundamental to a civil case. Preserve any clothing, messages, or other items that may contain evidence, even if you are not yet ready to pursue legal action. If you choose to report the assault to law enforcement, you are not required to do so in order to file a civil lawsuit. Both legal paths remain independently available.
When you are ready to explore your legal options, contact an attorney. Many survivors find it helpful to speak with a sexual abuse attorney just to understand what legal action could look like before making any decision about whether to move forward. That conversation is confidential, carries no obligation, and will help give you peace of mind during an otherwise overwhelming time. The earlier you speak with a sex abuse and assault lawyer, the better positioned you are to protect your rights. Our attorneys offer a free consultation, and everything you share is kept strictly confidential.
Contact Our Experienced Sexual Assault Attorneys Today
Sexual assault victims in South Carolina do not have to face this process alone. McGowan, Hood, Felder & Phillips have fought for survivors across the state for more than two decades, holding wrongdoers accountable and standing up against the corporations and institutions that enable abuse. We take these cases personally because the harm is personal to you.
If you are ready to take legal action, or if you simply want to understand your options, contact our firm for a free consultation. Call us at 855-434-2209 or complete our contact form to speak with our sexual assault lawyers today. We serve clients statewide, with offices in Rock Hill, Columbia, Charleston, Myrtle Beach, and Greenville.
