The South Carolina Supreme Court has upheld a family court ruling that found Gerardo Pimienta sexually abused his then-stepdaughter, affirming the state's child protection laws. This decision, filed on July 31, 2026, affects not only Pimienta but also the broader framework for handling child abuse allegations in South Carolina.

The case, South Carolina Department of Social Services v. Gerardo Pimienta, arose after the South Carolina Department of Social Services (DSS) received a report in December 2022 alleging that Pimienta had inappropriately touched his stepdaughter, known as AP, in August 2020. The family court's ruling has significant implications for child welfare and legal standards surrounding abuse cases.

Background

The parties involved in this case include Gerardo Pimienta, his then-wife Natalya Pimienta, and AP, who was 12 years old at the time of the alleged abuse. The incident reportedly occurred while AP and her younger sister were watching a movie with Pimienta. Following the report, DSS investigated and indicated Pimienta for sexual abuse in January 2023.

After an appeal by Pimienta, the DSS's findings were upheld, leading to a family court petition in May 2023. The court was asked to determine whether AP, along with two other minor children, were abused or neglected. The allegations included that Pimienta touched AP inappropriately under her clothing. The family court held a hearing in February 2025, where various testimonies were presented, including that of AP, her mother, and DSS representatives.

The Ruling

The court ruled that the evidence presented met the threshold of “preponderance of the evidence,” meaning it was more convincing than not that Pimienta had committed the abuse. The ruling emphasized that the burden of proof required by South Carolina law was constitutional. The court stated, “We hold the preponderance of the evidence burden of proof set forth in South Carolina Code subsection 63-7-1650(E) is constitutional.”

Justice James, who authored the opinion, affirmed the family court's findings and noted that the evidence supported the conclusion that AP was indeed an abused child. The court found AP's testimony credible, highlighting her account of the incident and her subsequent actions. The family court's decision to place Pimienta on the Central Registry of Child Abuse and Neglect was also upheld.

Impact

This ruling has significant implications for child protection laws in South Carolina. It reinforces the legal standard that allows for intervention in cases of suspected child abuse based on a preponderance of evidence. This standard is crucial for ensuring that children who are at risk can receive the protection they need without the higher burden of proof that is often required in criminal cases.

The decision may also influence future cases involving child welfare and abuse allegations, as it clarifies the legal framework that governs how such cases are handled. It highlights the importance of credible testimony from minors and the state's responsibility to intervene when children's safety is at risk.

What's Next

Pimienta has the option to appeal the decision, although details about any potential appeal were not available in the court filing. The case underscores ongoing discussions about child welfare and the legal standards that protect minors in similar situations.