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South Carolina

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  • Safe Harbor Provisions

  • Laws Relating to Establishing Self-Defense

  • Mitigation Provisions Specific to the Context of GBV

  • Laws Allowing Expungement/Vacatur

  • Safe Harbor Provisions

S.C. CODE § 16-3-2020(f) (2023).

  • Prohibits prosecution for prostitution and trafficking in persons against children under the age of 18 at the time of the offense, if it is determined after investigation that the child committed the offense as a direct result of, or incidental or related to, trafficking.
  • In cases in which a minor is charged with trafficking in persons or prostitution, the survivor can assert as an affirmative defense that she or he was under duress or coerced into committing the offenses as a direct result of, or incidental or related to, trafficking.
  • Laws Relating to Establishing Self-Defense

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  • Mitigation Provisions Specific to the Context of GBV

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  • Laws Allowing Expungement/Vacatur

S.C. CODE § 16-3-2020 (2023).

  • A victim of trafficking in persons convicted of a violation of this article or prostitution may motion the court to vacate the conviction and expunge the record of the conviction. The court may grant the motion on a finding that the person’s participation in the offense was a direct result of being a victim.
    o In 2024, the legislature removed the ability to vacate the conviction. The expungement provision under S. 142 still stands (effective July 2, 2024).

 

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The Justice for Youth Survivors Initiative is a partnership between the Center on Gender Justice & Opportunity at Georgetown Law and the National Black Women’s Justice Institute.

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