At McGowan, Hood, Felder & Phillips LLC, we understand the pain, trauma, and often, the feeling of being overwhelmed that accompanies being a survivor of child sexual abuse. It's our mission to provide a space of understanding and empowerment, aiding survivors in navigating the legal landscape of South Carolina. This page will serve as a comprehensive guide to understanding the statute of limitations pertaining to child sexual abuse and assault in South Carolina.
Randall Hood, Esq.
Sexual Abuse Lawyers
McGowan, Hood & Felder, LLC: Randall Hood, Esq.
1539 Health Care Dr,
Rock Hill, SC 29732
In legal terms, the statute of limitations is a period within which a victim can file a lawsuit against the perpetrator. South Carolina's legal framework recognizes the long-lasting impact and delayed acknowledgment that can occur with cases of child sexual abuse. While every case is unique, general guidelines dictate the timeframe for survivors to seek legal recourse.
It's essential to differentiate between criminal and civil cases when discussing the statute of limitations. In a criminal setting, the state prosecutes the perpetrator, while in civil cases, the survivor seeks damages for the harm they suffered.
Criminal Cases: South Carolina has made significant amendments to allow victims of child sexual abuse to report the crime until their 40th birthday or within seven years from the date they discover the abuse, whichever is later. This recognizes the suppressed memories or late realizations that can arise in such traumatic situations.
Civil Cases: Survivors can pursue a civil lawsuit against their abuser until their 40th birthday. However, there are instances where this can be extended, especially when the abuse has only recently come to light or if there has been a deliberate cover-up.
Understanding the statute of limitations is crucial, but there can be nuances and exceptions based on individual circumstances:
Discovery Rule: South Carolina applies the "discovery rule," allowing victims to file claims within a certain period after discovering the abuse or recognizing its harmful effects.
Institutional Responsibility: If an institution, such as a school, church, or organization, played a role in the abuse or its concealment, additional legal considerations come into play. These entities can also be held accountable.
Our commitment at McGowan, Hood, Felder & Phillips LLC goes beyond legal support. We believe in empowering survivors, providing resources, and connecting them to therapeutic services. The road to healing and justice can be long, but with the right support, it's a journey worth undertaking.
With years of experience under our belt, our team is dedicated to upholding the rights of survivors in South Carolina. Our compassionate approach, combined with a deep understanding of the state's legal intricacies, positions us as a formidable ally in your quest for justice.
Empathetic Consultations: Every initial conversation is held with the utmost care and confidentiality.
Detailed Investigations: We leave no stone unturned, ensuring every aspect of your case is meticulously examined.
Comprehensive Support: From legal counsel to emotional support, we stand by our clients every step of the way.
Time is of the essence. If you or a loved one has been a victim of child sexual abuse in South Carolina, reach out to us. Navigate the complexities of South Carolina's statute of limitations with the dedicated team at McGowan, Hood, Felder & Phillips LLC.
Additionally, individuals interested in learning more about McGowan, Hood, Felder & Phillips and their clients' experiences may visit their website to gain further insight.
This content originally appeared at https://abuseguardian.com/sexual-assault-lawyer/south-carolina/statute-of-limitations-sc-child-sex-abuse/