CRIMINAL SEXUAL CONDUCT EXPLAINED

Sex crimes in the State of Michigan are generally categorized under the term “Criminal Sexual Conduct” or CSC. Crimes that are under the state Criminal Sexual Conduct statute include rape, statutory rape, or any unconsented touching or sexual contact. Without question, being accused of criminal sexual conduct can be a harrowing experience that can be the most difficult challenge an individual can face in their lifetime. Being charged with a sex crime is an attempt by a prosecutor to forever label the accused as a sexual delinquent and sex offender. 

There really aren’t many things that you can be accused of that are worse than a sex crime. It is also startling to see how little evidence is needed to proceed forward on charges of this magnitude. A prosecutor does not need DNA or any actual physical evidence to proceed with criminal charges. The only evidence required to proceed against someone with a sex crime is simply someone’s word. The “he said, she said” type of sex crime cases are unfortunately too common. It is alarming how many people are convicted on weak evidence, leaving their futures in question and often irreparable. If you are being accused of a sex crime, then it is important to know that police, prosecutors, and judges do not take these cases lightly. People in these positions are not your friends and speaking to anyone before speaking to an attorney can have disastrous consequences.

Criminal Sexual Conduct is broken down into 4 degrees as listed below:

• Criminal Sexual Conduct First Degree 
• Criminal Sexual Conduct Second Degree
• Criminal Sexual Conduct Third Degree
• Criminal Sexual Conduct Fourth Degree

Sex crime charges related to Criminal Sexual Conduct include:

The “attempted” Criminal Sexual Conduct charges. These are attempted acts that were not fully carried out by the accused. They are:

• Assault with intent to commit Criminal Sexual Conduct involving sexual penetration
• Assault with intent to commit Criminal Sexual Conduct in the second degree

Other sex crime related charges include:

• Possession, Distribution, or Manufacture of Child Pornography
• Using a Computer to Commit a Crime
• Pandering
• Prostitution
• Accosting of a minor

If you are being investigated or have been charged with one of the above crimes, then it is crucial that you seek the advice of an experienced criminal defense attorney as soon as possible. It is critical that you understand what is being alleged against you and how that allegation can change your life. If you have not been criminally charged yet, then hiring an attorney may help you avoid being charged at all. 

WHAT HAPPENS WHEN SOMEONE IS CONVICTED OF CRIMINAL SEXUAL CONDUCT?

Jail/Prison: A sex crime conviction can result in either jail or prison time, depending on the charges and circumstances alleged. A criminal sexual conduct in the fourth degree carries up to two years in prison, while a conviction for assault with intent to commit criminal sexual conduct carries up to ten years in prison. A criminal sexual conduct in the first degree conviction can result in up to a life sentence. Some situations allow the judge to impose consecutive sentencing. This means that sentences for multiple counts would not be served concurrently but would be added together by the court.

Probation: Probation is an alternative to jail, and sometimes an additional sentence that comes with a sex crime conviction. While on probation for a sex crime, an offender will have to follow strict guidelines and rules, such as staying alcohol or drug free. The individual will be assigned a probation agent who will monitor them and make sure they are in full compliance with the terms of their probation. Any violations of probation can result in lengthy jail or prison sentences.

Restitution: An individual convicted of a sex crime can be ordered by the court to pay the victim money for medical treatment, counseling, and other related costs. A failure to pay ordered restitution can result in a probation violation.

Fines: Fines for a sex crime conviction can be as low as $500 if you are convicted of criminal sexual conduct in the fourth degree. This amount can be much higher for more serious offenses such as criminal sexual conduct in the first degree. 

Other: Most sex offenses require registry on the Michigan state sex offender list. A conviction can also require electronic monitoring that can last as long as the rest of your life depending on the severity of the charges. The length of time an individual will be required to register as a sex offender depends on the specific type of sex crime conviction that individual has. Some people are required to register for life while others may be eligible to discontinue registering after a specific number of years have passed since their conviction.

LEGAL DEFENSES TO CRIMINAL SEXUAL CONDUCT 

A sex crime conviction generally requires the prosecutor to prove three basic elements: 1) your presence, 2) sexual contact of another, and 3) without legal consent. You generally have to be present to be guilty of a sex crime unless you are being accused of directing another to commit a sex crime. Typically, a prosecutor has to prove you were there when the sex crime allegedly occurred. Do you have an alibi? You don’t to have to prove your alibi in court, it is required that the prosecutor proves where you were when the alleged crime took place.

Any physical contact must be sexual in nature for a sex crime to be appropriately charged. Physical contact can be deemed as sexual contact in many ways. If the contact was not sexual, however, then this can be used as a defense. If the alleged victim consented to the alleged sexual conduct, then this can potentially be used as a defense. Certain victims cannot legally consent based on their age or relation to the person that they are accusing assaulted them. 

Another common defense is mistake. If it is shown that the alleged act was an accident and/or without a sexual intent, then you could potentially avoid a sex crime conviction. If the government violated your Constitutional rights, then you can bring those claims before a judge to potentially have the evidence obtained against you and your case thrown out. An experienced criminal defense attorney will use the answers to these and other questions to help you determine your best potential legal defenses.

THE MY MICHIGAN LEGAL DIFFERENCE

To be convicted of a sex crime, the prosecutor must show that you committed a sexual act against the legal consent of another in some way. Has there been a mistake? Were you even involved? What is the other side of this story? To present your best defense, these are just some of the questions you will have to answer. At My Michigan Legal, we pride ourselves on not limiting your defense to simply trying to explain the prosecutor’s version of events. We defend cases by going on offense, by advancing your version of events backed up by our in-depth investigations and sound legal research. 

WHAT IF I HAVE MORE QUESTIONS?

If you or someone you love is facing an accusation of a sex crime, then you will likely have a number of questions. Finding a website like this one can be a great resource, but it is not a substitute for the advice of an experienced criminal defense attorney. If you have questions about your situation, then contact us at My Michigan Legal today.

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