Understanding Sexual Assault Charges in Michigan: Frequently Asked Questions

As a Michigan criminal defense attorney, I often encounter questions from clients and the community concerning sexual assault charges. Understanding the legal landscape surrounding these charges is crucial for anyone facing such allegations or seeking to support someone who is. This blog entry aims to address some of the most frequently asked questions about sexual assault in Michigan, providing clear and accurate information to help you navigate these complex issues.

What is Sexual Assault?

In Michigan, sexual assault is a broad term that encompasses various non-consensual sexual acts. Legally, it is often referred to as “criminal sexual conduct” (CSC) and is categorized into four degrees, each with specific criteria and penalties. The degrees range from first-degree CSC, which involves the most severe circumstances, to fourth-degree CSC, which involves less severe but still serious conduct. Specific charges can vary based on factors such as the age of the victim, the relationship between the victim and the accused, and the alleged actions.

Sex crimes against minors may also include sexting, statutory rape (CSC) (16 is the age of consent in Michigan), teacher sex abuse of a student, doctor sex abuse, massage therapist sex abuse, coach sex abuse, clergy sex abuse, scout leader sex abuse, and child molestation (which is actually charged as CSC 2^nd or CSC 4^th) and sexual abuse. It is illegal to distribute or possess sex photos of a minor or send sex photos to a minor. These crimes can also be crimes for a minor to distribute or send pictures to another minor and can lead to charges.

Sexual assault crimes can also include assault with intent to commit sexual penetration (which is defined as any intrusion, however slight, of a person’s body or other object into the genitals or anal openings of another’s body) and date rape (which is not actually a separate crime by itself in Michigan and would be charged as CSC).

Internet sex crimes include child pornography possession and distribution. It is illegal to send nudes or videos of a former partner without their consent.

Other sex crimes include indecent exposure and other lewd conduct, prostitution, solicitation, and pandering (pimping). These crimes involve possible jail time and may require sex offender registration.

There are also federal sex crimes including child pornography, soliciting a minor, human trafficking of children, and aggravated sexual assault. For a summary of federal laws see the US DOJ website.

All of these above crimes are very serious crimes and require strong attorney investigation and defense.

What are the Penalties for Criminal Sexual Conduct in Michigan?

The penalties for criminal sexual conduct (CSC) in Michigan vary depending on the degree of the offense. Penalties include fines, imprisonment, mandatory registration as a sex offender, and probation. Felony convictions can result in lengthy prison sentences, sometimes for life. There are also collateral consequences which are discussed in my blog on collateral consequences. The degrees of CSC include:

• First-Degree CSC: A felony, and this is the most serious charge and can result in a life sentence. It typically involves sexual penetration with aggravating factors such as the use of a weapon, causing injury, or the victim being under 13 years old.
• Second-Degree CSC: A felony, and this charge involves sexual contact with similar aggravating factors as first-degree CSC. Convictions can lead to up to 15 years in prison.
• Third-Degree CSC: A felony, and this involves sexual penetration without the aggravating factors present in first-degree CSC. Penalties can include up to 15 years in prison.
• Fourth-Degree CSC: A misdemeanor, and this involves sexual contact without the aggravating factors present in second-degree CSC. It is punishable by up to 2 years in prison and/or a fine.

What are the Potential Consequences for Those Convicted?

Beyond imprisonment, those convicted of criminal sexual conduct in Michigan face several other serious consequences (see my blog):

• Sex Offender Registration: Convicted individuals are typically required to register as sex offenders, which can have long-lasting impacts on their personal and professional lives. Registration requirements are strict and violations often lead to a return to prison. 
• The Michigan Sex Offender Registration Act (SORA) defines 3 levels of offenders-
• Tier III is the highest level and offenders are restricted as to where they can live and work, neighbors may be notified of their status, and must register for life. 
• Tier II offenders must register for 25 years.
• Tier I offenders must register for 15 years. 
• Some offenses committed by Juveniles and low level offenses may not be subject to registration.
• Employment Challenges: A criminal record, especially one involving sexual assault, can severely limit employment opportunities.
• Social Stigma: The social repercussions of a sexual assault conviction can be profound, affecting relationships and community standing.

How can I get off the Sex Offender Registry?

Under certain circumstances offenders can petition to be removed from the registry. Tier I offenders can petition after 10 years when they meet certain criteria. Tier II can petition to be removed under very limited circumstances. Tier III are very limited in their opportunities to be removed.

What Should I Do if I am Accused of Sexual Assault?

If you are accused of sexual assault, it is crucial to seek legal representation immediately. These crimes have a definite stigma and are usually vigorously prosecuted. Avoid discussing the case with anyone other than your attorney, and do not attempt to contact the accuser. An experienced criminal defense attorney can help you understand your rights, navigate the legal process, and build a strong defense.

Can a Sexual Assault Charge be Expunged?

In Michigan, certain criminal records can be expunged, either automatically or by petition, meaning they are removed from public record. However, the eligibility for expungement of CSCs is limited to only certain CSC 4^th offenses and depends on the specifics of the case. Other types of sex offenses may be eligible. Consulting with a knowledgeable attorney can provide clarity on whether expungement is an option in your situation.

Can Charges Be Filed Based on Just One Person’s Word Against Another’s?

Yes, charges can be filed based on the alleged victim’s testimony. Because prosecutors want to believe the word of a child or a victim, charges often are prosecuted based on the child’s/victim’s word. Often a forensic interview of the alleged victim will be conducted, and DNA tested if it is available. Even if your DNA is found, the charge can possibly be defeated ( I have done so.)

It is important that you do not discuss the case with ANYONE except your attorney. You have the right to remain silent and should utilize that right. Do not talk to cell mates, your wife or relatives, or attempt to talk or write in a code. The prosecution must prove the allegations beyond a reasonable doubt in court. Often the evidence comes from what you say or did after the fact.

It is not uncommon for minors and disgruntled lovers to falsely accuse a person of a sex crime. It is important to gather the facts as soon as possible, even before the police become involved if possible. Speed is essential in an investigation as the facts often spin wildly out of control.

Unfortunately, if you cannot afford bail (which tends to be a large cash amount), you will often be held in jail until trial. It is essential that you work with an attorney to develop a strong defense, to protect your rights, and attempt to reduce your bail amount.

Are there Statute of Limitations for CSC charges?

First Degree CSC has no statute of limitations and charges can be filed at any time regardless of the length of time. There are significant issues with memory and details which require an attorney to sort out.

Sex contact or penetration of a victim between 13 and 16 years old or if the victim is under age 18 at the time of the sex assault have statute of limitations within 15 years or by the victim’s 28^th birthday whichever is later.

If there is new identifying DNA evidence, the case can be filed within 10 years of the identification or by the victim’s 21^st birthday, whichever is later.

How Can a Criminal Defense Attorney Help?

An experienced criminal defense attorney can evaluate the case, identify legal defenses, protect your rights, lower your bail amount, and guide you through the complexities of the legal system. From negotiation and plea bargains to representing you in court or trial, an attorney is your advocate at every step.

Conclusion

Facing a sexual assault charge is a serious matter with significant legal and personal implications. Understanding the nature of these charges and the potential consequences is essential for anyone involved in such cases. If you have further questions or need legal assistance, do not hesitate to contact our office for a confidential consultation. We are here to help you navigate these challenging circumstances with the expertise and support you need.

For more information or to schedule a consultation, please contact us at Robert Peterson, Attorney at Law, P.C.