Dempsey v. State

Chief Justice TOAL:

Respondent Cecil Heyward Dempsey (Dempsey) was convicted of first-degree criminal sexual conduct (CSC) with a minor and was sentenced to thirty years in prison. The court of appeals affirmed. State v. Dempsey, 340 S.C. 565, 532 S.E.2d 306 (Ct.App.2000). Dempsey applied for post conviction relief (PCR) and relief was granted. This Court granted the State’s petition for certiorari. We reverse.

Factual/Procedural Background

Dempsey was charged with CSC with' a minor for sexually abusing his nine-year-old stepson (victim). The victim testified that Dempsey sexually abused him…