South Carolina Crimes

Even if you do not qualify for an order of protection or a restraining order against stalking or harassment, the abuser may have committed a crime. If you call the police, they may arrest him/her for a crime and you may get a restraining order through the criminal court. Remember that even if you do have a domestic violence protective order or a civil no-contact order, you can still report him/her to the police if you believe s/he committed a crime against you.

In our Abuse Using Technology section, you can learn the types of behaviors that are considered a misuse of technology. Some of these behaviors might be recognized as a crime depending on the specific laws of your state.

What are some crimes that the abuser may have committed in South Carolina?
I am being abused by someone I live with who is the same sex as me. Can they be charged with the crime of domestic violence?
If I am the victim of a crime, where can I get additional help in South Carolina?

What are some crimes that the abuser may have committed in South Carolina?

Here is a list of some possible crimes in South Carolina that the abuser may have committed. You can click on the links to read the legal definition of each crime on our State Statutes page:

I am being abused by someone I live with who is the same sex as me. Can they be charged with the crime of domestic violence?

South Carolina law defines “household members” as:

• current or former spouses;
• people who have a child in common; or
• a male and female who are currently living together or have previously lived together (cohabitants).¹

In 2017, a woman who was assaulted by a woman with whom she had lived filed a suit challenging this law because it did not allow her to get an order of protection. The Supreme Court of South Carolina decided that this definition was unconstitutional as applied to cohabitants of the same sex because there was no acceptable reason to exclude them from the protections that a male and female cohabitant have under the law.² 

The South Carolina legislature has not passed any amendment to correct this definition since the court case was decided. However, it is important to understand that, because of this court decision, same-sex cohabitants do count as household members for the purposes of the crimes of domestic violence and domestic violence of a high and aggravated nature, as well as for getting an order of protection, even though the law itself has not been changed.² 

¹ S.C. Code § 16-25-10(3); 20-4-20(a)
² See Jane Doe v. State of South Carolina, 421 S.C. 490, 808 S.E.2d 807 (2017)

If I am the victim of a crime, where can I get additional help in South Carolina?

The South Carolina Office of the Attorney General has information on South Carolina Crime Victims’ Constitutional Rights.

For information on victims’ compensation in South Carolina, visit the Department of Crime Victim Compensation website.

If you are a victim of domestic violence and have been charged with a crime, you can go to our Abuse Victims Charged with Crimes page.

Other organizations for victims of crime are listed on our National Organizations - Crime Victims page.