Workplace Sexual Assault in South Carolina: No Force Required
Nobody has to hit you for it to be sexual assault. In South Carolina, threats, coercion, and a boss's power over your paycheck can be enough. You may have claims against both the person who assaulted you and the employer that let it happen.
Sexual assault at work does not require physical force. Nobody has to hit you, hold you down, or threaten you with a weapon. In South Carolina, threats, coercion, and power over your livelihood are enough.
Sexual Assault at Work Does Not Require Physical Force
Force is not an element. South Carolina law punishes sexual battery accomplished through coercion — where the victim's consent was lacking. If you submitted because you feared losing your job, because your boss threatened you, or because you felt you had no choice, that was not consent. That was assault.
What "Aggravated Coercion" Means in South Carolina
In State v. Cox, 274 S.C. 624 (1980), the South Carolina Supreme Court explained that "aggravated coercion" covers sexual battery "under circumstances where the victim's consent was lacking." The focus is on consent — not on bruises.
Second-degree criminal sexual conduct punishes sexual battery by threat alone. No physical force beyond the act itself is required. The same principle drives civil claims: if your consent was missing, the touching was unlawful.
Quid Pro Quo: When Your Boss Uses Your Job as Leverage
The classic workplace pattern: sleep with me or you are fired. Sleep with me and you get the promotion. Come to my hotel room or your hours get cut. That is quid pro quo — this for that. It is coercion. It destroys consent.
It does not matter if you technically said yes. A yes extracted with your paycheck on the line is not a yes. Document everything: texts, emails, schedule changes, and witnesses who saw the behavior.
You Can Sue the Employer — Not Just the Attacker
Do not stop at the individual. South Carolina law lets you sue the employer directly for negligent hiring, supervision, or retention. Under Degenhart v. Knights of Columbus, 309 S.C. 114 (1992), an employer is liable when it knew or should have known an employee needed supervision and failed to provide it. Doe v. Bishop of Charleston, 754 S.E.2d 494 (S.C. 2014), makes the employer's knowledge of the employee's dangerousness a key element.
Did coworkers complain before you? Did HR know? Did the company keep him on after prior incidents? Those facts build the case against the company — which is usually where the money is.
I have handled sexual assault cases in South Carolina. Talk to a lawyer before you sign anything.
What to Do After a Workplace Sexual Assault
Tell someone you trust. Write down what happened — dates, times, exact words, witnesses. Save texts and emails. Report it in writing to HR or management so there is a paper trail. See a doctor. Then call a lawyer before you sign anything, accept a transfer, or agree to keep quiet for a severance package. Companies protect themselves first. You need someone protecting you.
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