Criminal Sexual Conduct

Michigan law does not use terms like "rape" or "sexual assault" in its criminal statutes. Instead, all sex-related offenses fall under the umbrella term "Criminal Sexual Conduct" (CSC), MCL 750.520a through 750.520o. The charges are divided into four degrees, with first-degree being the most serious and fourth-degree the least serious. Each degree covers particular forms of sexual contact or sexual penetration, along with sexual conduct involving individuals who cannot legally consent because of age, mental capacity, or other factors defined by Michigan law. These distinctions matter, because the degree charged determines the penalty range and shapes the defense.

First-degree CSC (MCL 750.520b) involves sexual penetration together with an aggravating circumstance the statute lists, such as a victim under 13, penetration accomplished by force or coercion causing personal injury, or penetration committed during another felony. It is a felony punishable by life or any term of years. A 25-year mandatory minimum applies where the offender was 17 or older and the victim under 13, and life without parole applies where the offender was 18 or older, the victim under 13, and the offender has a qualifying prior conviction. Second-degree CSC (MCL 750.520c) involves sexual contact — the touching of an intimate part or the clothing covering it — together with an aggravating circumstance. It is a felony punishable by not more than 15 years. Third-degree CSC (MCL 750.520d) involves sexual penetration accomplished by force or coercion, or penetration with a person at least 13 and under 16 even where the act was consensual. It is a felony punishable by not more than 15 years. Fourth-degree CSC (MCL 750.520e) involves sexual contact under the circumstances the statute lists. It is a misdemeanor punishable by not more than 2 years, a fine of not more than $500, or both. A second or subsequent conviction for first-, second-, or third-degree CSC carries a mandatory minimum of 5 years under MCL 750.520f. Lifetime electronic monitoring under MCL 750.520n applies to first- and second-degree CSC only where the offender was 17 or older and the victim under 13. Registration obligations under Michigan's Sex Offender Registration Act depend on the offense of conviction.

If you are accused of CSC, the steps you take early can shape the case that follows. First, understand that statements you make can constitute admissions used against you. Admissions are different from confessions to wrongdoing. A statement such as, "yes, we engaged in sexual conduct, but it was consensual," can be offered to prove that sexual conduct occurred where the proofs may otherwise be lacking. Contact a criminal defense attorney established in the community where the allegation arose. It is not advisable to contact the accuser to suggest a course of action or a "settlement," and it is not advisable to post about the situation on social media. Speaking with an experienced criminal defense attorney before charges are filed is worthwhile: involvement during the investigation phase can sometimes affect whether charges are filed or what charges are brought. Anything you say can be used against you, including statements you believe are helpful to your case.

A CSC conviction in Michigan generally carries registration obligations under the Sex Offender Registration Act (SORA). The tier assigned and the length of the reporting period are set by the offense of conviction and the circumstances of the case. Registration can involve periodic in-person reporting and restrictions that vary by tier, and in some circumstances the registration is non-public rather than published. The ability to later set aside a conviction is limited for offenses of this kind. Because these obligations differ from case to case, they should be reviewed with an attorney against the specific charge rather than assumed from the degree alone.

Yes. The pre-charge investigation phase can be an important one, and counsel at that stage can sometimes affect whether charges are filed or what charges are brought. A defense attorney can communicate with law enforcement on your behalf, advise you during any questioning, help you avoid making statements that can be used against you, and begin gathering and, where appropriate, presenting exculpatory evidence while it is still fresh. Waiting until charges are filed can mean missing the opportunity to influence the investigation. Many people believe that cooperating without an attorney will imply innocence, but statements given without counsel can be taken out of context and used against them.