South Dakota Rape and Sexual Assault Laws

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

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

Rape and Sexual Assault Under South Dakota Law

One of the most severe forms of sexual assault is the crime of rape. 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.

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.

Possible Defenses To Sex Crimes in South Dakota

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’t engage in sexual relations with the alleged victim, the state should dismiss the charges.

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’s important to note that consent is not a defense to statutory rape. Neither ignorance nor making a mistake about the alleged victim’s age is a viable defense, either.

Sex Offenses and South Dakota’s Statute of Limitations

Under South Dakota law, there is no statute of limitations for the crime of forcible rape. Nor is there one for cases where the victim is under 13 years of age.

There is a statute of limitations for the following levels of rape:

• If the victim had a physical or mental incapacity, making it impossible to give consent
• If the victim was incapable of consenting to the act because of an intoxicant, narcotic, anesthetic agent, or hypnosis
• If the victim is between 13 and 15 and the offender is at least three years older

The statute of limitations for these cases is either seven years or until the victim reaches the age of 25, whichever is longer.

South Dakota Sexual Assault and Rape Laws: Summary

Reading the South Dakota Codified Laws (SDCL) can be challenging. The below table highlight the state’s rape and sexual assault laws. The penalties for these crimes are severe. Even if the state charges you with a misdemeanor, you’ll face possible prison time and hefty fines.

Statutory Rape

As the table above notes, a person can be guilty of rape if the victim is less than 13 years old or if they’re 13 to 15 years old and the offender is at least three years older. In these situations, the offender is guilty of statutory rape because the victim cannot legally give consent to the sexual act.

South Dakota law does not use the term “statutory rape.” Instead, it refers to this crime as “unlawful sexual contact with a minor.” While the state does not have a close-in-age exemption, the judge will reduce the penalty if the defendant is under 18 and there are fewer than three years between the offender and the other party.

The legal age of consent in South Dakota is 16. If a 15-year-old girl voluntarily engages in sexual intercourse with her 19-year-old boyfriend, the boyfriend may face statutory rape charges.

The penalties for unlawful sexual contact with a minor depend on the ages of the two parties:

• Class 1 misdemeanor (Both parties are under 16, or the defendant is over 16, and the other party is between 13 and 15 years old): There must be less than a five-year age difference between the parties, with the penalty for a Class 1 misdemeanor up to a year in jail and fines of up to $2,000
• Class 3 felony (The defendant is over 16 years old, the victim is under 13, and there’s more than a five-year age difference between the parties): The penalty for a Class 3 felony is up to 15 years in prison and fines of up to $30,000

Disclaimer: State laws change frequently. For case-specific information regarding South Dakota’s rape and sexual assault laws, contact a local criminal defense lawyer.

Additional Resources

• Sex Crimes and Sex Offenders
• The Sex Offender Registration and Notification Act
• Sex Crimes

Facing Rape or Sexual Assault Charges in South Dakota? Talk to a Sex Crime Lawyer

If you’re facing charges for any sex crime, consider contacting a skilled South Dakota criminal defense attorney. The penalties for these cases are severe and will impact your personal and professional lives. An experienced criminal defense lawyer will help poke holes in the state’s case and work hard to negotiate a favorable plea deal.

If you are the victim of rape or sexual assault, there are resources available to you. Visit RAINN’s website or contact the South Dakota Coalition Ending Domestic & Sexual Violence.