Sex Offenses

CSC charges in Michigan are extremely serious. The most serious – criminal sexual conduct in the first degree – is punishable by life in prison, and under certain circumstances, the minimum punishment is 25 years in prison. Criminal sexual conduct in the second degree and third degree is punishable by up to 15 years in prison. Criminal sexual conduct in the fourth degree is punishable by up to two years in prison. There are other sexual assault offenses besides the four degrees of criminal sexual conduct as well.

CSC-1st degree is the most serious criminal sexual conduct charge in Michigan. MCL 750.520b lays out several situations that can result in a CSC-1st-degree charge. The most common scenarios involve sexual penetration with a child under 13 years of age or where the person charged is alleged to have used force or coercion to accomplish sexual penetration and caused personal injury (physical or psychological) to another person.

CSC-2nd degree is charged under MCL 750.520c. The most common situations for CSC-2nd degree involve sexual contact (but not penetration) with a person under 13 years of age or where there was force or coercion and personal injury (physical or psychological) to another person during sexual contact without penetration.

CSC-3rd degree is charged under MCL 750.520d. Like CSC-1st degree, CSC-3rd degree charges relate to sexual penetration. CSC-3rd degree is often charged when the alleged victim is between 13 and 16 years old if the accused person is not a member of the same household and has no position of authority over the victim. CSC-3rd degree is also often charged when there is sexual penetration with a person of any age, which was accomplished by force or coercion but did not result in personal injury to the alleged victim.

CSC-4th degree is charged under MCL 750.520 and is the lowest level of criminal sexual conduct offenses in Michigan. CSC-4th degree is similar to CSC-2nd degree in that it relates to sexual contact without penetration. It is often charged when the alleged victim is between 13 and 16 years old and the defendant is 5 or more years older. It is also often charged when force or coercion is used against a person of any age to accomplish sexual contact but where no personal injury results.

Testimony is evidence, and it is the most common form of evidence. It is not uncommon for the only evidence in a criminal sexual conduct case to be the statements (and eventual testimony) of the alleged victim. In fact, in criminal trials in Michigan courts, juries are instructed that the testimony of the alleged victim need not be corroborated, meaning there does not need to be any other evidence tending to demonstrate the truth of the testimony. If the jury believes that the alleged victim’s testimony constitutes “proof beyond a reasonable doubt” of the defendant’s guilt, the jury may convict.

A defendant charged with a criminal sexual conduct offense in Michigan has the right to hold a preliminary examination, during which a prosecuting attorney must establish “probable cause” to believe that the offense was committed and that the defendant was involved. While an accuser does not need to testify in court for the prosecutor to file a charge (because usually, the alleged victim’s statement to police is enough), if a defendant chooses to hold his or her preliminary examination, the accuser will be required to testify under oath about what supposedly happened. An experienced criminal defense attorney will use the preliminary examination as an opportunity to weigh the strengths and weaknesses of the accuser’s testimony and develop a case strategy. If the defendant does not hold the preliminary examination, the accuser often will not need to testify in court unless and until there is a trial in the case.

Typically, yes. One of the harshest consequences of a criminal sexual conduct conviction is the requirement to register under the Sex Offenders Registration Act, or “SORA.”

While the requirements and length of registration on Michigan’s sex offender registry vary by crime, registration, and reporting are usually required for periods of 15 years, 25 years, and life. For that period of time, the registrant’s privacy is seriously compromised, and details of his/her personal life—including without limitation the registrant’s crime and sentence, residential address, and description of personal vehicles—will be available to the public on a State of Michigan-sponsored website.

Contact an attorney with significant experience in criminal sexual conduct cases before making any statement of any kind to law enforcement. What you say can and most assuredly will be used against you as a prosecutor makes a decision as to whether you are charged with a crime. If you are prosecuted, what you say can and will be used against you in a court of law. In the majority of cases, it will not be in your best interest to make a statement to a law enforcement officer —certainly not without an experienced attorney present. As you might imagine, law enforcement officers know that many investigation targets will be eager to tell “their side of the story” to try to clear things up and avoid prosecution, so officers frame their invitation as an opportunity to do that. Once you have agreed to speak with them, they can quickly change tactics and convert a ”conversation” into a full-blown accusatory interrogation. Oftentimes, someone trying to tell his or her side of the story will inadvertently admit certain aspects of the crime without knowing it, including dates or types of contact with the accuser, which can help the police build the case for a criminal sexual conduct charge.