{"id":376352,"date":"2016-04-11T01:23:54","date_gmt":"2016-04-11T06:23:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-dakota-law\/south-dakota-rape-and-sexual-assault-laws.html"},"modified":"2025-06-16T10:56:22","modified_gmt":"2025-06-16T15:56:22","slug":"south-dakota-rape-and-sexual-assault-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-dakota-law\/south-dakota-rape-and-sexual-assault-laws.html","title":{"rendered":"South Dakota Rape and Sexual Assault Laws"},"content":{"rendered":"\n
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South Dakota Rape and Sexual Assault Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Every state has different ways of defining sexual assault. South Dakota law refers to sexual assault<\/a> as sexual battery. This sex crime<\/a> involves a defendant engaging in oral, anal, or vaginal penetration with their sexual organ or an inanimate object.<\/p>\r\n

If you\u2019re facing charges for rape, statutory rape, or exploitation of a minor<\/a>, you should familiarize yourself with South Dakota’s criminal code. This article explains South Dakota\u2019s rape and sexual battery laws, including the penalties and possible defenses to these crimes. Consider speaking with a South Dakota criminal law attorney<\/a> for legal help.<\/p>\r\n

Rape and Sexual Assault Under South Dakota Law<\/b><\/h2>\r\n

One of the most severe forms of sexual assault is the crime of rape<\/a>. Unlike other sexual battery cases, rape involves more than just sexual contact. For the state attorney to prove rape, they must have evidence showing that the defendant engaged in sexual penetration of their victim. They must also show that the offender either used force or did something to incapacitate the victim.<\/p>\r\n

For example, if you give drugs or alcohol to the alleged victim to the point where they cannot provide legal consent, law enforcement may arrest you and charge you with rape. The same is true if your victim has an impairment that makes it impossible for them to consent to the sexual contact.<\/p>\r\n

Possible Defenses To Sex Crimes in South Dakota<\/b><\/h2>\r\n

As with any other crime, actual innocence is always a defense to rape, statutory rape, or sexual battery. If your attorney can demonstrate that you didn\u2019t engage in sexual relations with the alleged victim, the state should dismiss the charges.<\/p>\r\n

The only other defense available to defendants facing rape charges is consent. If the other party consented to the sexual contact, the defendant cannot be guilty of rape. It\u2019s important to note that consent is not a defense to statutory rape. Neither ignorance nor making a mistake about the alleged victim\u2019s age is a viable defense, either.<\/p>\r\n

Sex Offenses and South Dakota\u2019s Statute of Limitations<\/b><\/h2>\r\n

Under South Dakota law, there is no statute of limitations<\/a> for the crime of forcible rape. Nor is there one for cases where the victim is under 13 years of age.<\/p>\r\n

There is a statute of limitations<\/a> for the following levels of rape:<\/p>\r\n