State Laws. South Dakota

09/25/2000

  • A. Statutory Rape - Criminal Offenses

    • Children under 10 years of age are deemed incapable of consent regardless of the age of the defendant. Individuals who are less than 16 years of age can legally consent sexual penetration in cases where the defendant is less than 3 years older.[690] However, sexual contact with someone under 16 years of age is illegal regardless of the age of the defendant—unless the two individuals are married to one another.[691],[692]

      Definition of Offenses

      Offense Definition
      Sexual contact with child under 16[693] Sexual contact[694] with someone under 16 years of age where the defendant is not the victim’s spouse.[695]
      3rd degree rape[696] Engaging in sexual penetration[697] with someone at least 10 years of age and less than 16 years of age where the defendant is at least 3 years older than the victim.
      1st degree rape[698] Engaging in sexual penetration with someone less than 10 years of age.
      Criminal pedophilia[699] Engaging in sexual penetration with someone less than 13 years of age where the defendant is at least 26 years of age.

       

  • B. Child Abuse Reporting Requirements

    • 1. Inclusion of statutory rape in reporting requirements

      Mandated reporters are required to report all cases where they have reasonable cause to suspect abuse.[700] The definition of an abused child includes children who are subjected to sexual abuse, molestation, or exploitation by their parent, guardian, custodian, or other person responsible for their care.[701]

      2. Mandatory reporters

      Mandatory reporters include: social workers; parole, court, and law enforcement officers; physical and mental health providers and other individuals who have contact with children through the performance of services as a hospital employee; school teachers, counselors, administrators, and other employees; licensed or registered child welfare providers; domestic abuse shelter employees and volunteers; and chemical dependency counselors.[702]

      3. Who to report to

      Mandatory reporters must make an immediate oral report of abuse—by telephone or otherwise—to the state’s attorney of the county in which the child resides or is present, the Department of Social Services, or law enforcement. If requested by the reporter, the Department or law enforcement must provide the reporter with a written response—within 30 days of the initial report—acknowledging receipt of the report and stating whether the report will be investigated.[703]

      4. State response

      If a state’s attorney’s office or law enforcement officer receives the report, they must immediately notify the Department of Social Services,[704] which will serve as the central registry for reports of child abuse.[705] The Department or law enforcement must investigate the case upon receipt of a report. If the investigation indicates that the alleged abuse occurred, the state’s attorney is responsible for taking appropriate action.[706]