Seminar spotlights state laws on teen sex
By Sandi Martin| South Carolina Bureau
Tuesday, November 15, 2005

NORTH AUGUSTA - In South Carolina, "yes" can mean "no" when it comes to teens and sex.

That's because state law doesn't distinguish between gender or consent for sex - only age.

"Under 16? You can't do it," said Anthony Odom, an Aiken lawyer and former solicitor for the state, explaining to more than two dozen teens and parents at a seminar Monday.

Held by Aiken Teen Pregnancy Prevention, the seminar explained the state's laws about minors and sex.

Susan Meehan, the director of the organization, said Monday's seminar and another scheduled for Thursday in Aiken are in direct response to recent arrests in Columbia County.

Six teenagers - three boys and three girls - face sex charges in connection with incidents in September, which were reported by a parent of one of the girls involved. All three girls, who were originally listed as victims, have been charged with fornication.

A 16-year-old has been charged with having sex with one of the girls, and two 17-year-olds face charges of contributing to the delinquency of a minor, rape and aggravated child molestation.

"There was just heated debate about what should happen to these boys and South Carolina law," Ms. Meehan said.

In South Carolina, the law is called criminal sexual conduct with a minor, formerly known as statutory rape, Mr. Odom said. The law has three degrees, depending on the age of the victim.

Monday's panel of legal experts said that if a girl is under 16 but her boyfriend is not - or even if the genders are reversed - then the older party can be charged.

They can both be charged if they're both underage, even if the sex is consensual, said Mr. Odom.

"There is no way to legally engage in sexual activity with someone who's under 16 in this state," he said.

Whether violators end up in court is entirely up to the attorney prosecuting the case and whether he or she can persuade the parents not to press the case, said Serena McDaniel, of the solicitor's office in Aiken County.

Conviction of criminal sexual conduct is punishable up to 20 years in prison, depending on the age of the victim, and it requires registration as a sex offender for life.

Reach Sandi Martin at (803) 648-1395, ext. 111, or sandi.martin@augustachronicle.com.

What's Next:

Aiken Teen Pregnancy Prevention is sponsoring another seminar on South Carolina's laws on minors and sexual activity. It will be from 3:45 to 5 p.m. Thursday at H. Odell Weeks Activity Center, 1700 Whiskey Road in Aiken.

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