Third-degree criminal sexual conduct, commonly referred to as “statutory rape,” is the second most severe charge in sex crime cases, carrying a minimum sentence of one year upon conviction. Like first-degree criminal sexual conduct, this offense relies on allegations of sexual penetration or battery. However, if there are no such claims from the accuser, the charge of third-degree CSC does not apply.
Third-degree criminal sexual conduct applies under the following circumstances:
- The victim is between 13 and 15 years old.
- Coercion or force was used.
- The defendant was aware that the victim was physically helpless or mentally incapacitated at the time of penetration.
- The defendant is related to the victim.
- The victim is between 16 and 18 years old and is a student at a school where the defendant serves as a substitute teacher, teacher, administrator, volunteer, or service provider.
- The victim is between 16 and 26 years old and receiving special education instruction, with the defendant acting as a substitute teacher, administrator, teacher, volunteer, or contract service provider.
- Required registration on the Michigan Sex Offender Registry
Penalties for Criminal Sexual Conduct 3rd Degree
Penalties for third-degree CSC carry the second-highest repercussions within Michigan’s criminal sexual conduct category, resulting in life-altering consequences.
Any sexual assault involving penetration that lacks the necessary elements for a first-degree criminal sexual conduct charge will be classified as third-degree CSC. The maximum penalty for this offense is 15 years in prison, along with registration on the sex offender registry.
Third-degree criminal sexual conduct is a felony with the following penalties:
- A maximum prison sentence of 15 years.
- A mandatory minimum sentence of one year in prison.
- Lifetime electronic monitoring.
If a child, between the ages of 13 and 15, alleges sexual penetration/sexual battery, they must reveal that information at a forensic interview done at a Child Advocacy Center (i.e. Care House, Kids Talk, etc.).
If they do not, the state will not be able to charge you with a crime.
Defense
Consent can serve as a defense against third-degree criminal sexual conduct involving aggravated force or coercion. This defense is particularly common in cases where two adults engaged in sexual penetration or battery, and later one party claims they were raped. The troubling reality is that a single accusation can initiate legal proceedings, potentially resulting in a jury trial without additional evidence.
The Romeo and Juliet Law
The “Romeo and Juliet” law serves as an exception to the requirements for registration on the Michigan Sex Offender Registry for certain sexual assault crimes. This law specifically applies to statutory rape cases. If you are charged with first-degree criminal sexual conduct, third-degree CSC, or assault with intent to commit criminal sexual conduct involving sexual penetration or battery with someone aged 13 to less than 16 at the time of the offense, you may be eligible to argue that you should not be required to register under the “Romeo and Juliet” law.
The “Romeo and Juliet” laws were established to prevent individuals who engage in consensual sexual activity, where both participants are close in age and at least one partner is below the age of consent, from being required to register on the Michigan Sex Offender Registry.
For you to be eligible for the benefits of the “Romeo and Juliet” law, you must meet the following circumstances:
1) The complainant must have consented to the conduct. 2) The complainant was at least 13 years old but under 16 at the time of the conduct. 3) You were not more than four years older than the complainant.
Holmes Youthful Training Act
If you are charged with third-degree criminal sexual conduct, your lawyer can request that the judge and/or the state consider you for a program known as the Holmes Youthful Training Act (HYTA). HYTA is one of the most effective ways to prevent a third-degree CSC charge from appearing on your record, as it essentially places your charge under advisement.
To be eligible, you must meet the following circumstances:
1) You must currently be between the ages of 16 and 24. 2) If you are between 21 and 24, you must first obtain permission from the state for the judge to consider HYTA. 3) You must enter a guilty plea.
Contact Kirsch Daskas Law Group
Any criminal sexual offense charge is a serious legal matter that demands careful consideration due to its potential impact on your life. One of our experienced Michigan criminal defense attorneys can guide you through the court process and help you make informed decisions regarding your case. Contact us at 248-792-3060.
