Sexual assault occurs if a person forces or pressures another person into unwanted sexual contact. This can be unwanted sexual penetration of the body or unwanted touching of private parts of the body. Some, but not all perpetrators force unwanted sexual contact when a victim is asleep, unconscious, under the influence of alcohol or drugs or physically helpless. Michigan law refers to sexual assault as “Criminal Sexual Conduct”.
Sexual assault is a serious criminal offense in Michigan that involves non-consensual sexual contact or behavior. Sexual assault carries significant penalties, including lengthy prison sentences, hefty fines, and lifelong registration as a sex offender.
Charges can range from misdemeanor to felony levels, depending on the severity of the act and the circumstances involved. Michigan’s laws define various degrees of criminal sexual conduct, each with its own specific criteria and associated penalties.
In addition to legal repercussions, being convicted of sexual assault can severely damage your reputation and personal relationships. Individuals accused of sexual assault often face challenges such as public stigma and loss of employment opportunities. A conviction can also result in mandatory participation in rehabilitation programs and restricted living arrangements.
Michigan Penalties for Sexual Assault
In Michigan, sexual assault is categorized into four degrees, each carrying different penalties:
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First-degree Criminal Sexual Conduct (CSC) involves sexual penetration with aggravating circumstances, such as the use of force or coercion, resulting in life imprisonment or any term of years.
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Second-degree CSC involves sexual contact under similar aggravating circumstances and can result in up to 15 years in prison.
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Third-degree CSC involves sexual penetration without aggravating circumstances and carries a penalty of up to 15 years in prison.
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Fourth-degree CSC involves sexual contact without aggravating circumstances and can result in up to 2 years in prison and fines.
Michigan law requires those convicted of certain sexual offenses to register as sex offenders, which can have lifelong implications for employment, housing, and personal relationships.
Michigan has stringent laws to address sexual assault, with severe penalties for soliciting sex or engaging in non-consensual sexual conduct. The state also enforces strict mandatory reporting laws, requiring certain professionals to report sexual assault.
Defenses Against Sexual Assault Charges
Under Michigan law, the prosecutor only needs an accuser to claim that they were sexually assaulted in order to secure a conviction. Michigan statute MCL 750.520h says that the testimony of the victim does not need to be corroborated in cases of criminal sexual assault. As a result, the accuser can take the witness stand, accuse the defendant, and, if the jury believes the accuser, the defendant will be convicted.
Here are some defense strategies your criminal defense attorney might consider when handling your sex crime case:
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The Alleged Assault Never Happened – This defense is applicable when there are no admissions by the defendant regarding the sexual act, and there is a lack of physical evidence supporting the occurrence of a crime.
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Consent or Perceived Consent– Sometimes, individuals who have consensual sex may later claim it was non-consensual. This can occur for various reasons, including relationship conflicts or other motivations. This defense is particularly effective if there is evidence of a prior consensual relationship or if both parties engaged in behaviors suggesting consent.
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Mistaken Identity– Mistaken identity can be a viable defense, especially in cases with minimal evidence linking the defendant to the alleged crime. To successfully use this defense, the defendant must present a solid alibi demonstrating they were elsewhere at the time of the alleged offense. This may require witness testimony, receipts, or even mobile phone tracking data to establish where the defendant was during the incident.
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Illegally Obtained Evidence-If evidence used against you was obtained unlawfully—such as through an illegal search—your attorney can argue for its exclusion from the case. Police must have a valid search warrant or probable cause to conduct searches; failure to adhere to legal standards can result in evidence being dismissed. An experienced sex crimes attorney can navigate these legal issues to build a defense around this strategy.
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Manipulation-In cases involving minors, false allegations can arise from coaching or manipulation. Sometimes, children may be encouraged to make claims for various reasons, including revenge or misinterpretation of events. If evidence suggests that the child has been influenced or manipulated into making false accusations, this can be a significant part of your defense strategy.
In addition, a criminal defense lawyer will gather evidence about the accuser that can be used to undermine their credibility. A criminal defense attorney can investigate whether:
- The accuser ever accused anyone else of criminal sexual conduct;
- The accuser has a motive to fabricate their testimony;
- Questioning by law enforcement suggested certain answers;
- Evidence was handled improperly; and
- Police made mistakes in the investigation
Contact Kirsch Daskas Law Group
A conviction of a sexual assault crime can alter the rest of a person’s life. If you are being investigated for a sexual offense, your best chance to beat your case would be to hire an experienced attorney, Contact us today on 248-792-3060.
