South Carolina v. Rampey
Annotate this CaseVictim, who was fifteen at the time of trial, alleged she was sexually assaulted on multiple occasions by respondent Charles Rampey, her stepfather, when she was eleven and twelve years old. Victim testified that sometime around her birthday in June of 2013, Rampey called Victim into a room and forced her to touch his penis. On another occasion, Victim testified that Rampey had her perform oral sex on him. This escalated to multiple instances of sexual intercourse, according to Victim. In this criminal sexual conduct case with a minor, the trial judge gave an Allen charge to the jury after approximately two hours and twenty minutes of deliberations. About an hour and fifteen minutes later, the jury returned with a not guilty verdict as to criminal sexual conduct with a minor (CSC) in the second degree and a guilty verdict as to CSC third degree. Rampey, appealed, asserting the Allen charge was unconstitutionally coercive. The court of appeals reversed the conviction in an unpublished opinion, primarily citing to South Carolina v. Taylor, 829 S.E.2d 723 (Ct. App. 2019). Finding no reversible error in the appellate court's judgment, the South Carolina Supreme Court affirmed. "The trial court's overemphasis of the resources expended and the need for a verdict, combined with the absence of the critical cautionary language despite being requested by defense counsel, renders the charge unconstitutional and warrants a new trial. Moreover, the post-verdict polling of the jurors by the trial court did not cure this error."
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