Being charged with a sex
crime is a frightening matter. Even the mere allegation can change someone's
life. The consequences of being convicted of a sex crime life altering and
devastating that can haunt you for the rest of your life such as jail, prison,
and sex offender registration. This is an area of the law where outcomes are
effected by false allegations, discrepancies, and emotionalism-- especially
with cases involving minors. If you have been charged with or under investigation
for a sex crime, you need an experienced sex crimes attorney on your side.
This involves a sex act
with penetration and any of the following:
·
victim is less than 13
years old
·
victim is 13-15 years old,
and a blood relative, lives in defendant's home, or defendant is an authority
position to the victim
·
multiple actors and force
or coercion is used
·
weapon involved
·
victim suffers personal
injury and force or coercion is used
·
victim suffers personal
injury and victim is incapacitated
·
defendant was in the
process of committing another felony
·
victim is 16 or 17 years
old and a student at a public or private school and the defendant is a teacher,
substitute teacher, coach, or administrator
·
defendant is a person of
authority over the victim
This is a felony punishable
by any term of years up to life in prison.
Second Degree CSC MCL 750.520c
This involves sexual
contact with the genital area, groin, inner thigh, buttocks, or breasts and any
of the instances listed in CSC 1st.
This is a felony punishable
by up to 15 years in prison.
This involves sexual
penetration and any of the following:
·
victim is between 13-15
years old
·
force or coercion is used
·
victim is incapacitated
·
victim is 16 or 17 years
old and a student at a public or private school and the defendant is a teacher,
substitute teacher, coach, or administrator
This is a felony punishable
by up to 15 years in prison
Fourth Degree CSC MCL 750.520e
This involves sexual
contact and any of the following:
·
force or coercion is used
·
victim is incapacitated
·
defendant works for the
Michigan Department of Corrections (MDOC) and the victim is an inmate
·
contact is through
concealment or element of surprise
·
victim is 16 or 17 years
old and a student at a public or private school and the defendant is a teacher,
substitute teacher, coach, or administrator
·
defendant uses unethical
conduct while treating the victim during a medical exam
This is a high court
misdemeanor (serious misdemeanor, procedurally treated like a felony)
punishable by up to two years in prison
Corroboration of an
Allegation is Not Necessary
A common misconception in CSC cases is that there must be independent evidence to support the allegation other than the victim's testimony such as a medical report. Sadly, that is not the case. Juries are instructed that corroboration is not necessary and that they can convict based on testimony alone. Prosecutors will play on juries emotions and sympathy for the “victim,” especially in weak cases and in cases involving minors.
If you have been charged
with criminal sexual conduct call Austin Legal Services, PLC today to speak to
our sex crimes lawyer at (517) 614-1983.