What is the difference between attempted rape and attempted sexual assault?
The South Carolina law recognizes two types of Violent Crimes Law when it comes to attempts of rape or sexual assault. The primary difference between attempted rape and attempted sexual assault is the degree of the crime. Attempted rape is a much more serious charge in South Carolina and is a felony punishable by up to 10 years in prison and/or a fine of up to $10,000. For an act to be considered attempted rape, an individual must have an intent to commit the offense of rape and make some sort of overt act in furtherance of that goal. But the law also recognizes that the attempt to rape may be unsuccessful, meaning that an individual did not actually complete the offense, but still attempted it. Attempted sexual assault is also a felony in South Carolina, but is a lesser offense than attempted rape. It is punishable by up to 5 years in prison and/or a fine of up to $5000. To be considered attempted sexual assault, an individual must have an intent to inflict harm or injury through an aggravated sexual battery or sexual contact, and must have taken some overt action in furtherance of that goal, but not actually completed the offense. In summary, attempted rape is a much more serious charge than attempted sexual assault in South Carolina. Attempted rape is when an individual has an intent to commit the offense of rape and takes some overt action in furtherance of that goal, while attempted sexual assault is when an individual has an intent to inflict harm or injury through an aggravated sexual battery or sexual contact and takes some overt action in furtherance of that goal.
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