Hundreds Charged With Child Sex Crimes Get Lighter Sentences in SC, Some Serve Just One Day

The Case of Donavon Jessie Austin Jr. and the Systemic Issues in South Carolina

In Anderson County, a man has spent a significant portion of his 20s facing allegations of child sex crimes, yet he continues to avoid long-term incarceration. His name is not listed on the sex offender registry, despite multiple accusations. This case highlights a broader issue within South Carolina’s legal system, where child sex crime charges are often reduced to lesser offenses such as assault and battery. As a result, offenders can evade the sex offender registry and sometimes serve little or no time in prison.

According to WIS Investigates, Donavon Jessie Austin Jr. was accused of sodomizing a 13-year-old boy in 2020 when he was 26. Instead of facing the full charge of second-degree criminal sexual conduct with a minor, which could have led to up to 20 years in prison, Austin pleaded guilty to first-degree assault and battery. In 2022, he received a suspended sentence of 10 years, followed by five years of probation. He was not immediately required to register as a sex offender, as the registry was placed on hold for a psycho-sexual evaluation.

The following year, arrest warrants revealed that Austin was accused of multiple child sex crimes involving a 9-year-old victim. These include exposing himself, inappropriate touching, and oral intercourse. However, these charges remain pending as of now.

Child Sex Crimes Often Reduced to Lesser Offenses

WIS Investigates analyzed over 31 months of sentencing data from South Carolina, focusing on cases where defendants were initially charged with criminal sexual conduct or attempt with a minor. Of the more than 1,200 cases examined, many resulted in guilty pleas, but not always for the original charge. In some instances, defendants were sentenced to assault and battery instead of the more serious sexual offense.

Sandi Johnson, a senior legislative policy counsel with the Rape, Abuse & Incest National Network (RAINN), noted that this trend is not unique to South Carolina. “The criminal justice system does not align with the realities of sexual violence,” she said. “More than half of all sexual offenses are not even reported to law enforcement. When they are, very few end up being charged.”

Johnson also pointed out that in South Carolina, child sex crime charges are often dismissed or reduced during plea negotiations. According to WIS Investigates’ analysis, about one in four cases saw the defendant plead guilty to assault and battery rather than the original charge. While some cases went to trial, most resulted in convictions, though the sentences were often light.

Challenges in Prosecuting Child Sex Crimes

Prosecuting child sex crimes is a complex process, and some attorneys believe it is among the hardest crimes to handle. Jack Duncan, a criminal defense attorney, explained that if a defendant pleads guilty to a lesser charge, it may be due to a lack of evidence or issues in the investigation. “You’re looking for a ham for your client—that you want a really good deal,” he said. “And those cases just don’t happen.”

However, Johnson emphasized that prosecutors can still secure convictions and longer sentences, but it requires effort and new strategies. “It’s no longer just calling the child witness and putting the burden on the child,” she said. “We need to support the child through the process by looking at other witnesses and using experts who can explain how children process information.”

Real-Life Examples of Reduced Sentences

Another case in Anderson County involved a 14-year-old girl who met a man on Snapchat. She claimed he forced her to perform oral sex in exchange for a vape. The suspect, who was 29 at the time, admitted to lying about his age and buying vapes for the girl. He also sent explicit photos of himself. Despite being charged with multiple offenses, including second-degree criminal sexual conduct, he ultimately pleaded guilty to contributing to the delinquency of a minor, which carries a maximum of three years in prison. He served only two days and was ordered to counseling. His name did not appear on the sex offender registry.

In Berkeley County, Joshua David Drago was charged with several offenses, including second-degree criminal sexual conduct with a minor. However, he pleaded guilty to criminal solicitation of a minor and received a one-day sentence. He was added to the sex offender registry and ordered to continue treatment. The South Carolina Attorney General’s Office later stated that they had recommended a prison sentence of 0 to 10 years, but the judge opted for a shorter term.

Transparency and Data Access

South Carolina’s court records are publicly accessible through the state judicial branch’s online public index. However, obtaining bulk, statewide sentencing data is difficult. WIS Investigates had to pay for this data, unlike in states like Virginia, where aggregate sentencing data is freely available online.

Johnson stressed the importance of transparency in the criminal justice system. “What it doesn’t do, however, is show how well we are serving survivors,” she said. “Each survivor’s experience is unique, so it’s hard to determine the impact based solely on aggregated data.”

Despite the challenges, Johnson believes that access to sentencing data can help identify gaps in the system and lead to better support for survivors. “We should learn from this and create a better experience for survivors in the criminal justice system,” she said.