Second-degree criminal sexual conduct is the most severe charge related to unwanted sexual contact. It involves the unwanted touching of sensitive areas of the body, including the intentional touching of the accuser’s intimate parts or the clothing covering those areas. In other words, if there is no sexual penetration but only unwanted touching, a person will be charged with second-degree criminal sexual conduct
In legal terms, a child cannot touch you, and you cannot touch a child. Even if you believe the child was the aggressor, their consent cannot be used as a defense against second-degree criminal sexual conduct.
Questioning a child witness requires specialized skills and knowledge. This approach can backfire, leading the jury to develop a negative perception of the defense attorney and of you as well.
Penalties for Criminal Sexual Conduct 2nd Degree
In cases involving sexual activity without penetration, charges may fall under second-degree or fourth-degree criminal sexual conduct. A conviction for second-degree CSC can lead to a prison sentence of up to 15 years, mandatory registration on the Michigan Sex Offender Registry, and lifetime electronic monitoring if the victim is under 13. Sexual contact, without penetration, includes areas such as the inner thigh, breast, buttocks, or groin.
Defense Strategies
There is NO defense for touching the private parts of anyone under the age of 16.
The sole defense against touching a child, whether under or over their clothing, on their private parts is to assert that it never occurred—that is, claiming the child is lying. Accusing a child of lying is a challenging stance to take, as many people tend to believe that a child wouldn’t claim to have been sexually molested unless it were true. It requires a highly skilled criminal defense attorney, trained in questioning children, to effectively argue that the child is not being truthful.
Certain defenses will never be allowed in court:
- If the child is under 16 years old, there is no valid defense. Legally, if a child under 16 expresses a desire for sexual touching, it is your duty as the adult to avoid any sexual conduct.
- As an adult, it is your responsibility to know the age of the person you choose to become intimate with. If you engage in sexual touching with someone you met online who claimed to be 18, and later discover they are actually 15, YOU can be charged with second-degree CSC, not them.
- A frequent response from individuals charged with second-degree CSC is that they were tickling the child. It is your responsibility to ensure that your fingers do NOT come anywhere near the child’s private parts.
Our criminal defense team at Kirsch Daskas Law group is known for our unwavering commitment to helping clients charged with criminal sexual conduct avoid a conviction. A sexual assault conviction can have lifelong consequences, and we will work tirelessly to prevent this from happening. Many individuals are falsely accused of these offenses, and our Michigan criminal defense lawyers are skilled at thoroughly examining every detail of your case.
Contact Kirsch Daskas Law Group
If you are charged with second degree CSC, as soon as a detective contacts you for a statement, exercise your right to legal representation. Resist the urge to engage and insist on consulting with our legal team first. We will assist you right away! Reach out to us on 248-792-3060 or contact us through our website.
