Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
The Fire Coordinator for Greenwood County, South Carolina has been charged with sexual assault and official misconduct for an incident that occurred during the January 11, 2011 ice storm that hit the region. Randolph Grumelot is accused of taking a 26-year-old female who allegedly was medically impaired to a hotel room for sex while he was supposed to be transporting her from Abbeville to Greenwood because of the bad weather.
The woman was on medication that rendered her physically helpless, and the sexual assault allegedly took place while she was unconscious. Following the incident, he took her to a hospital where he allegedly misled the staff about her situation.
Grumelot was suspended from his position with the County, and subsequently resigned. He is charged with third-degree criminal sexual conduct and misconduct in office. The criminal sexual conduct statute reads as follows:
SECTION 16-3-654. Criminal sexual conduct in the third degree.
(1) A person is guilty of criminal sexual conduct in the third degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:
(a) The actor uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances.
(b) The actor knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless and aggravated force or aggravated coercion was not used to accomplish sexual battery.
(2) Criminal sexual conduct in the third degree is a felony punishable by imprisonment for not more than ten years, according to the discretion of the court.
Most states would refer to the charge as sexual assault, while South Carolina refers to it as criminal sexual conduct.
According to Grumelot’s attorney, Billy Garrett, his client denies the charges, has cooperated fully with the investigation, and “wants his day in court”.
