When You Are The Victim
S.C. Code 16-3-1520 and S.C. Code 16-3-1550 — the incident report free, notice before release, and a voice at sentencing
A law enforcement agency gives a victim, free of charge, a copy of the initial incident report and a document describing the rights the state constitution grants victims, local assistance providers, and how to apply for victim's compensation. Within a reasonable time it helps an eligible victim apply for compensation and other aid.
A name, an address and a phone number. A victim or prosecution witness who wishes to exercise the rights in the article gives the agency involved a legal name, current mailing address and current telephone number, which the agency relies on to give notice.
On request, the agency holding the accused reasonably attempts to notify the victim before a release and of any escape, and informs the victim before a transfer to a less secure facility or a diversion program such as drug court. That notice may not be only automated or electronic.
A victim who wishes to attend a plea, trial or sentencing tells the prosecuting agency or summary court judge. A victim is never sequestered from the proceeding on the offense, and the judge asks before a plea, trial or sentencing whether a reasonable attempt was made to notify the victim, and delays the hearing if not.
The impact statement and restitution. The court hears or reviews any victim impact statement, written or oral, before sentencing, and addresses restitution. A victim seeking restitution gives the prosecutor an itemized list of losses within the time limits it sets.
An employer may not retaliate against, suspend, or cut the wages or benefits of a victim or witness who lawfully answers a subpoena, and a wilful violation is contempt of court. A particular case is a question for the victim advocate or a licensed South Carolina attorney.
Sources for this section (4)
- S.C. Code 16-3-1515 — Victim or witness to supply certain information; restitution; victim impact statement
- S.C. Code 16-3-1520 — Victim entitled to copy of initial incident report
- S.C. Code 16-3-1530 — Notification of victim of release, escape or transfer of accused
- S.C. Code 16-3-1550 — Restriction on employers of victims and witnesses; protection of rights
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.