Criminal Sexual Conduct Lawyer in Michigan (CSC)

Criminal Sexual Conduct (CSC)

Under Michigan law, the crimes of sexual assault, rape, and other sexual misconduct crimes are categorized under the term “Criminal Sexual Conduct” (CSC). The charges and potential penalties for CSC crimes will vary depending upon the facts of the case, the conduct that was alleged, the age of the victim, and other factors. Below are some examples of what will be considered criminal sexual conduct, although the category is not limited to the following:

• Sexual Assault: This umbrella term can be a violent or non-violent attack, such as statutory rape. Statutory rape is consensual sexual conduct with someone under the age of consent, usually 16 years, unless extenuating circumstances exist.
• Indecent Exposure: This offense involves knowingly exposing yourself in public; it may be enhanced if someone is fondling themselves or making lewd gestures.
• Teacher Sex Abuse: This offense occurs when a teacher takes advantage of a student and has a sexual relationship with the pupil.
• Child Pornography & Child Sexually Abusive Material: This is a very serious crime and may occur when someone takes or looks at inappropriate photos or videos of minors.
• Child Molestation: These charges are taken very seriously because they involve minors and are often relentlessly pursued even if there is no strong case.

In Michigan, criminal sexual conduct is divided into four categories that may result in first, second, third, or fourth-degree criminal sexual conduct charges. The degrees range upward toward more serious actions and more significant penalties.

A conviction of any of the CSC crimes, no matter what degree, can cause serious consequences to the alleged defendant, and should be taken seriously. The best course of action is to immediately hire an experienced Michigan sexual conduct criminal defense lawyer.  You need someone on your side fighting to protect your rights and to make sure you have the best defense possible.

The attorneys at George Law have years of experience in representing clients charged with various types of sex crimes. If you or someone you know has been charged with one of these offenses contact our lawyers for a free consultation today.

Criminal Sexual Conduct 1st Degree

CSC of the 1st Degree is the most serious and consequential charge under this category. It includes crimes that are more commonly referred to as rape and sexual assault, particularly with a victim who is 13 years old or younger, or a victim that has physical or mental disabilities. Activities that, if proven in a court of law, would justify a conviction of Criminal sexual Conduct in the 1st Degree, Michigan Penal Code Section 750.520b include:

• Sexual penetration of a child under age 13;
• Sexual penetration of a child aged 13 to 16 who is a member of your household; related to you to the fourth degree; or over whom you hold a position of authority that you use to coerce penetration;
• Sexual penetration of another person while committing any other felony;
• Sexual penetration of another person when you are helped by one or more other people, and you know that the victim is either mentally or physically incapacitated or you use force or coercion to rape the other person;
• Sexual penetration of another person when you are armed with a weapon or something the other person believes is a weapon;
• Causing personal injury to another person while using force or coercion to accomplish sexual penetration;
• Causing personal injury to another person during sexual penetration when you know the other person is mentally or physically incapacitated; or
• Sexual penetration of another person you know is mentally or physically incapacitated and is a relative to the fourth degree or someone over whom you hold a position of authority that you use to coerce penetration.

Force or coercion is defined under the statute as:

• Using physical force or violence;
• Using threats of force or violence when the victim believes you have the ability to follow through with the threats;
• Using threats of retaliation when the victim believes you have the ability to follow through with the threats;
• Conducting an unethical or unacceptable medical exam or treatment of the victim; or
• Using the element of surprise to overcome the victim.

1st Degree Criminal Sexual Conduct (CSC) Penalties in Michigan

The punishment for CSC of the 1st Degree can be quite severe. The penalties a judge can impose after a conviction or guilty plea may be the following:

• A prison sentence of up to life in prison;
• If you were at least 17 at the time of the offense and the victim was under 13, there’s a requirement for a minimum sentence of 25 years;
• If you were at least 18 and the victim was under 13, the statute requires a sentence of life without parole;
• Criminal fines and court costs; and
• Lifelong electronic monitoring by the state.

There are other consequences you may have with a conviction of CSC 1st Degree:

• A permanent criminal record as a sex offender;
• Loss or denial of employment;
• Denial of applications for rental housing, and restrictions on where you can live;
• Loss of custody of your children;
• Loss or denial of a professional license to work as a lawyer, doctor, teacher, nurse, pharmacist, or other licensed professional; or
• Effects on your immigration status if you’re a non-U.S. citizen, including denial or revocation or your immigration visa or green card, denial of your citizenship application, or deportation to your home country.

Criminal Sexual Conduct 2nd Degree

This level of sexual conduct charge usually involves the inappropriate touching of someone for sexual gratification. The CSC 2nd Degree statute (Michigan Penal Code Section 750.520c) has the same age requirements as 1st Degree, but there is a more of an emphasis on the relationship between the defendant and the victim. For example, the law cites the relationship between a teacher and a student, or a case where the defendant is an employee of a childcare agency or organization, or a foster parent. These crimes focus on the power dynamic that the defendant has over the victim.

2nd Degree Criminal Sexual Conduct (CSC) Penalties in Michigan

The penalties for 2nd Degree CSC in Michigan may include the following:

• A prison sentence of up to 15 years;
• Criminal fines and court costs;
• Up to lifelong electronic monitoring by the state; or
• Sex Offender Registration Act (SORA) registration.

Criminal Sexual Conduct 3rd Degree

CSC of the 3rd Degree can be a complicated charge given that it includes what is commonly referred to as statutory rape. It’s complicated because the victim might have performed the sexual act willingly and wanted it to happen, but, given the ages of the victim and defendant, it is defined by the state as a crime. These actions would constitute a conviction of CSC of the 3rd Degree:

• Sexual penetration of a minor age 13 to 16;
• Sexual penetration using force or coercion;
• Sexual penetration of someone you know has a mental or physical disability;
• Sexual penetration of someone related to you to the fourth degree and who was not your spouse; however, it’s a defense that the other person held a position of power and coerced you;
• Sexual penetration of a student aged 16 to 18 when you were a teacher, substitute teacher, or administrator for the school or school district, unless the student was emancipated or was your spouse;
• Sexual penetration of a student aged 16 to 18 when you were an employee, contractor, or volunteer for the school or school district and used your position to obtain sex or to establish a relationship with the student;
• Sexual penetration of a special education student aged 16 to 26 when you were a teacher, substitute teacher, or administrator for the school or school district unless the student was your spouse;
• Sexual penetration of a special education student aged 16 to 26 when you were an employee, contractor, volunteer, or social worker providing services to the student and used your position to obtain sex or establish a relationship with the student; or
• Sexual penetration of a minor at least 16 years old who is in foster care or a group home, and you were an employee, contractor, volunteer, or person licensed to operate the foster family home or group home while the minor was a resident.

3rd Degree Criminal Sexual Conduct (CSC) Penalties in Michigan

The penalties for CSC of the 3rd Degree are:

• A prison sentence of up to 15 years;
• A permanent felony record as a sex offender;
• Expensive criminal fines and court costs; and
• Requirement to register as a sex offender and have your photo, name, address, and information about your offense listed in the public database.

Criminal Sexual Conduct 4th Degree

This criminal charge prevents any sexual contact between someone who is between 13 and 16 years old with a defendant who is 5 years older than the victim. Consent is a significant element with CSC of the 4th Degree.

4th Degree Criminal Sexual Conduct (CSC) Penalties in Michigan

The potential penalties for 4th Degree CSC in Michigan are imprisonment for not more than 2 years, or a fine of a certain amount, or both. A conviction or a guilty plea of this charge could also include probation and possible SORA reporting requirements.

Michigan Sexual Assault Lawyers

The defense attorneys at George Law represent those in Michigan facing criminal charges including sex offenses. You deserve a vigorous defense to such strong allegations especially given the consequences. We know what is at risk in these cases, including how the accusations alone can carry a severe stigma and seriously disrupt your life. But we know how to challenge the state’s theory of your guilt. Although you are in a challenging situation right now, it is not an impossible one to deal with.

Defenses Against Criminal Sexual Conduct Charges

Several defenses may be available to an individual being charged with criminal sexual conduct, which may include:

• Consent
• Duress
• Insanity or Mental Incapacity
• Alibi

The best defense is unique to each case. It is essential to contact an experienced and knowledgeable criminal defense attorney who can review the facts and understand the most successful defense in the situation.

Consent

One defense that may be available is consent. If the accuser consented to the sexual activity and did not withdraw their consent at any time, the accused is not guilty of criminal sexual conduct. However, consent should never be assumed; instead, there must be what is called a meeting of the minds. This means that for consent, there must be a clear understanding regarding the intent of each individual involved in the sexual activity.

Additionally, consent can be withdrawn once the sexual encounter begins. If the consent is withdrawn, the other party must stop engaging in the sexual activity. If they continue, it is considered criminal sexual conduct. It is also not a defense to say that you and the accuser are in a relationship and have a history of sexual activity. Consent is not assumed, even with a spouse or partner with whom you’ve had a sexual relationship regularly. As a result, a spouse can be convicted of sexually assaulting their partner.

In deciding whether the accuser consented to the sexual conduct, the following questions may be considered:

• Did the accuser have the freedom to leave and not participate in sexual activity?
• Did the accused use force, violence, coercion, or display a weapon?
• Did the accused threaten the accuser with bodily injury or injury to someone they love if they did not perform the sexual act?

If the jury believes there is reasonable doubt concerning whether the accuser consented, the jury is generally required to find the accused not guilty of criminal sexual conduct.

Duress

Duress is also a defense that may be available to a defendant depending on the facts of their case. Duress may be used when someone commits a crime because they are attempting to escape immediate harm to themselves or someone in their immediate family. For example, if someone had the defendant’s child and said they would kill them if they did not sexually assault the victim, that might be a valid duress defense. 

However, in criminal sexual conduct cases, duress is rarely used or available as a defense because it is rare for this type of action to occur and is very complicated to establish. If someone you know committed a crime because of duress, it is crucial to hire an experienced attorney. Duress is one of the most complicated defenses to employ because it requires the defense to prove that a third party placed the defendant in fear for their life or the life of their immediate family and that the fear was reasonable.

Insanity And Mental Incapacity

Insanity is one of the most challenging defenses to employ successfully. The National Institute of Mental Health has shown that the insanity defense is used in less than one percent of all felony cases and that the defense is successful in very few cases where it is used. Several steps must be completed before an insanity defense is used because it is complicated. The state must be notified in advance since the prosecutor will need to adjust strategy and have professional evaluations of the defendant performed. Generally, a medical expert will need to be hired to testify on the defendant’s behalf to show that they are legally insane.

Legal insanity means that an individual cannot understand the difference between right and wrong, meaning when they committed the crime, they could not understand that what they were doing was wrong. The insanity defense does not mean that an individual will avoid all penalties for their crime. Still, they may avoid prison and instead be placed in a mental institute for direct supervision.

Mental incapacity is slightly different from the defense of insanity. If someone has a mental disability that was documented before the crime, the defense of mental incapacity will likely be available to the defendant. For example, if someone is mentally incapacitated and cannot understand whether someone consented, it may result in a reduced penalty for criminal sexual conduct.

Alibi

Under Michigan law, the alibi defense may be used if the defendant was not present when and where the victim says they were sexually assaulted. This is one of the most potent defenses, especially if there is corroborating evidence. For example, if the accuser says that the criminal sexual conduct occurred at 8:00 PM on Saturday, May 10th, at her apartment complex, but the defendant is seen on camera in another part of town at the same time as the alleged assault, the case will likely be dismissed.

Generally, the police will find this evidence before the charges are brought against the defendant. In some cases, the police or prosecutors cannot find the evidence, and the defendant might not remember what they were doing until after the charges are brought.

What Are Sexual Assault Kits in Sex Crime Cases in Michigan?

Appealing A Sexual Criminal Conduct Conviction

Sex crimes can be appealed. A higher majority of sexual appeals are successful than other criminal appeals. In the past, cases have been overturned based on inadmissible hearsay, improper police testimony, and improper expert opinions.

Hiring A Criminal Sexual Conduct Defense Attorney In Michigan

If you or someone you know has been charged with a criminal sexual conduct offense, it is essential to contact an experienced criminal defense attorney so that the charge does not follow you for the rest of your life. The attorneys at George Law will review your case and defend your interests. Contact us at 248-587-8310 or by filling out a form online.

Frequently Asked Questions About Criminal Sexual Conduct

What Is The Sex Offender Registry?

The sex offender registry in Michigan puts a sex offender’s picture, address, and criminal history on the Internet to be found by anyone looking. Additionally, certain people and organizations will be notified of the sex offender status when that person moves to a new area. For example, schools, law enforcement agencies, and other organizations dealing with children will be notified of a registered sex offender within their area. Being on the sex offender registry also affects where the offender may live. For example, they cannot live or work near a school.

Should I Take A Polygraph Examination?

It is generally not recommended to agree to a polygraph test if someone is accused of criminal sexual conduct, at least not until consulting with an experienced attorney. In most cases, a polygraph will be closer to an interrogation with the goal of obtaining a confession from the accused. To ensure that an untrue confession is not extracted from the accused, a defense attorney will help protect your rights.

Can Someone Be Charged With A Sex Crime Without Physical Evidence?

Yes, in Michigan, someone can be charged with a sex crime without physical evidence; someone can be charged with sex crimes based on the accuser’s statements. Under Michigan law, the testimony of a victim does not need to be corroborated, meaning their statement that they have been assaulted is all that is needed to bring charges against an accused.

What Is Lifetime Electronic Monitoring?

Lifetime electronic monitoring may be a consequence of sex crimes. Lifetime electronic monitoring will result in the offender having to wear a tracking device and be monitored by the government for a long time, if not for the rest of their life.

If The Victim Does Not Resist Can An Accused Be Convicted Of Sexual Assault?

Yes, under Michigan law, a victim does not need to resist sexual assault for the assailant to be convicted of first, second, third, or fourth-degree criminal sexual conduct. Therefore, arguing that a victim did not resist does not negate criminal sexual conduct.

Can Someone Be Charged With Criminal Sexual Conduct Against Their Spouse?

Yes, an individual can be charged with criminal sexual conduct against their spouse. Consent is required regardless of who is engaging in sexual conduct. Additionally, arguing that there was a history of previous sexual assault in the relationship does not impact the charges.

What Is The Age Of Consent In Michigan?

The age of consent in Michigan is 16 years old if there is no exception to the facts. This means that anyone under the age of 16 cannot legally consent to sexual conduct. Adults who engage in sexual activity with someone under 16 will likely be charged with statutory rape in the first degree. If the alleged victim is under 16, the defense of consent cannot be used.

What Is The Jury Instruction For Consent In Michigan?

When a defense of consent is being used by an accused, the jury will be informed of what consent is and that if the evidence provides reasonable doubt regarding there being consent, then the accused should not be found guilty of the crime. However, the evidence doesn’t need to show that the accuser resisted the sexual assault or did anything to put themselves in less danger. For example, it cannot be argued that the victim did not fight against the defendant because consent can never be assumed. Choosing not to fight against a sexual assault does not equal consent.

Can Consent Be Assumed In Michigan?

No, consent can never be assumed. Instead, before sexual activity is engaged, both parties should clearly understand the other party’s intent. Additionally, consent may be withdrawn after the sexual activity has begun, and the non-withdrawing party must stop the sexual conduct immediately or risk charges of criminal sexual conduct.

What Is The Jury Instruction For Duress In Michigan?

When the defense of duress is employed in Michigan, the jury will be instructed that the accused is not guilty of criminal sexual conduct if they committed the crime under duress. In determining duress, the jury may consider if the following are true:

• The accused was threatened with harm if they didn’t carry out sexual conduct with someone
• The threat would have placed a reasonable person in fear of death or serious bodily harm
• The defendant had a fear of immediate death or serious bodily harm at the time they committed the criminal sexual conduct
• The defendant committed the criminal sexual conduct for the sole purpose of avoiding the threatened harm

While deciding whether the defendant committed the criminal sexual conduct because of their fear of death or serious bodily injury, the jury may consider the following:

• The nature of the threats made
• The background of the person who made the threats or used force against the accused
• The surrounding circumstances when the accused committed the criminal sexual conduct
• How a reasonable person would have acted if they had been placed in the same situation—for example, if a reasonable person would not have committed the criminal sexual conduct due to the threat from a third party, the duress defense likely would not be successful

If the jury believes the defendant may have been under duress, it may find the defendant not guilty.

When Does The Defendant Need To Implement An Alibi Defense?

If the defendant intends to establish an alibi, they must notify the prosecution at least ten days before trial or 15 days after the arraignment. The notice should contain the information known by the defendant, such as names of witnesses who will be called to establish the alibi and specifics concerning the place the defendant is claiming they were at when the criminal sexual conduct occurred.

Does The Defendant Have To Testify At Their Trial To Present An Alibi Defense?

No, the defendant is not required to testify at their trial to use the alibi defense. Instead, the defendant can call witnesses and present physical evidence that supports the alibi defense.

What Is The Statute Of Limitations For Criminal Sexual Conduct?

The statute of limitations depends on the degree of criminal sexual conduct being charged and whether DNA evidence was used. For example, a first-degree criminal sexual conduct charge has no statute of limitations, meaning that the prosecution may charge the defendant at any time. The statute of limitations for second, third, and fourth-degree criminal sexual conduct charges requires the prosecution to bring charges within ten years after the criminal sexual conduct occurred or by the victim’s 21st birthday. However, if DNA evidence is used, the prosecution must bring charges within ten years of when the defendant was identified or by the victim’s 21st birthday, whichever occurs later.

Is Intoxication A Defense To Criminal Sexual Conduct?

No, intoxication is not a viable defense to criminal sexual conduct in Michigan. If the accused was voluntarily intoxicated because it was their choice to become intoxicated, and the intoxication resulted in them conducting illegal behavior, they can be charged with a crime.

What Is The Process For Criminal Conduct Charges?

Several steps are generally followed when someone is charged with criminal sexual conduct. First, there will be an investigation to determine if the charges should be brought against the defendant. Second, a warrant for arrest will be entered for the defendant, meaning they may be arrested at any time. Third, an arraignment hearing will be held, and a bond will be set. Fourth, a probable cause conference will be held in District Court to discuss the following:

• Possible plea agreements
• Bail and bond modification
• Stipulations and procedural aspects of the case
• Any matters that are relevant to the case

Fifth, the preliminary exam hearing must occur five to seven days after the probable cause conference. The preliminary exam hearing is like a miniature trial in front of just the judge. In some cases, the defendant may waive the preliminary exam hearing. Before deciding to waive the preliminary exam hearing, it is critical to consult with an experienced attorney. Sixth, there is a hearing called an arraignment on information. Seventh, the trial, and then finally, sentencing. Generally, a defendant is not sentenced on the same day they are found guilty of a felony.

What Does The State Have To Prove To Convict The Defendant Of Criminal Sexual Conduct?

The prosecution must show that there was sexual penetration, including oral sexual penetration, for a first-degree criminal sexual conduct conviction to occur. Additionally, they must show the victim’s age if they are a minor or the victim’s mental condition if the defendant is being charged with criminal sexual conduct against someone who is mentally incapacitated.

Should I Appeal A Criminal Sexual Conduct Conviction?

Generally, yes, you should consider appealing a criminal sexual conduct conviction. However, there is no guarantee that any conviction will be overturned on appeal; therefore, contacting an experienced criminal defense attorney is essential to ensure that the best appeal is made to enhance your odds of the conviction being overturned.

If The Police Contact Me Concerning Criminal Sexual Conduct, Should I Talk To Them?

You should never speak to the police without contacting a sex crimes lawyer, even if they tell you they are contacting you as a witness. In some cases, the police are just trying to gather facts without accusing anyone of a crime. However, in other sex crime cases, they may believe you are the offender and attempt to get a confession.

A knowledgeable attorney will be able to prepare you for a conversation with the police to ensure that no untrue confessions or incriminating statements are made. Contact one of our criminal sexual conduct lawyers at George Law by calling us at 248-587-8310 or by filling out a form online.