What Is Criminal Sexual Conduct?
Being accused of criminal sexual conduct in the State of Michigan can be a life-altering ordeal. One could potentially face charges such as rape, statutory rape, or any unconsented touching or sexual contact as listed under the state criminal sexual conduct (CSC) statute. The criminal sexual conduct statute is the main sex crime statute in the state of Michigan. If convicted, an individual would be helplessly branded a sexual delinquent and sex offender; an unrelenting judgment extended by a judge or jury. This is undoubtedly one of the toughest hurdles any individual may ever have to confront.
Accusations of a sex crime are among the most serious allegations one can face, and it is troubling to see how little evidence is needed in order to move forward with such charges. Prosecutors do not need DNA or any physical evidence; all they require is someone’s testimony. The widespread prevalence of “he said, she said” cases is concerning, as many people are convicted based on weak evidence and their futures become uncertain and sometimes irreversible. If you are accused of a sex crime, then it’s critical to remember that police officers, prosecutors, and judges take these matters very seriously. Talking to anyone other than an attorney can have disastrous repercussions.
The Different Levels Of Criminal Sexual Conduct Explained
Most sex crimes under Michigan law are classified under the term “criminal sexual conduct” or CSC. Crimes listed under the criminal sexual conduct statute include rape, statutory rape, and illegal sexual contact. There are four different levels of criminal sexual conduct charges in Michigan: first-degree criminal sexual conduct, second-degree criminal sexual conduct, third-degree criminal sexual conduct, and fourth-degree criminal sexual conduct.
First-Degree Criminal Sexual Conduct
First-degree criminal sexual conduct is the gravest of all criminal sexual conduct charges. Should a person be convicted, they may receive life imprisonment and would need to register as a sex offender, along with being required to wear a lifetime electronic monitoring device. This offense is defined by forcible sexual penetration accompanied by an injury to the victim. However, if the victim is younger than 13 or between 13 and 16 years old with some familial relation or authority position over them, then an injury is not necessary for a charge of first-degree criminal sexual conduct.
Second-Degree Criminal Sexual Conduct
Second-degree criminal sexual conduct carries a felony charge that carries a maximum of 15 years in prison and entails forcible sexual contact with an injury to the victim. In cases where the victim is under 13, or between 13 and 16 with an authority figure or familial relation to the alleged offender, injuries are not mandatory for this crime.
Third-Degree Criminal Sexual Conduct
Third-degree criminal sexual conduct is a serious felony charge with a 15-year maximum sentence. It is similar to first-degree criminal sexual conduct, requiring forced sexual penetration, but without requiring any physical injuries. When the alleged victim is between the ages of 13 and 16, prosecutors do not need to show that the accused had an authority position over them. However, if an individual between the ages of 16 and 18 is involved and the accused holds an authority position (such as a teacher) over them, then this fulfills the requirements for third-degree criminal sexual misconduct.
Fourth Degree-Criminal Sexual Conduct
Fourth-degree criminal sexual conduct is a 2-year high-court misdemeanor, similar to second-degree criminal sexual conduct that involves forced sexual contact without physical injury. When the alleged victim is between 13 and 16 years old, prosecutors must demonstrate that the accused was at least five or more years older than them. Additionally, if a person between 16 and 18 is involved and the accused has an authority position (such as a teacher) over them, then this meets the requirements for fourth-degree criminal sexual conduct.
The Right Attorney Can Make All The Difference
When scouting for legal representation in a criminal sexual conduct case, you need to ask any prospective lawyer about their experience with CSC cases. You can’t afford to hire an inexperienced lawyer who is “learning on the job.” You can’t afford to hire an attorney whose first impulse is to plead you guilty.
We have represented many sex crime defendants who came to us after starting with a different attorney. In many cases, we were able to turn those cases around and get a dismissal or other favorable outcome through our approach. That approach is to examine all possible defenses and scrutinize the prosecution’s case. We are prepared to defend our clients at trial to try to spare them from prison, a felony record and sex offender status.
Before You Say Anything To The Police…
If you or someone you love is facing an accusation of criminal sexual conduct, you have questions and anxieties. We can address your concerns and mount a true defense. To schedule a free consultation, call our Traverse City law office at 231-735-8575, or use our online firm to reach out.