The vast majority of sex crimes in the State of Michigan are categorized under the term “Criminal Sexual Conduct” or CSC. Crimes under the umbrella of CSC include rape, statutory rape, or any unconsented touching or sexual contact. Without a doubt, being accused of criminal sexual conduct can be a harrowing experience. Being charged with a crime like this is an attempt by a prosecutor to forever label the accused as a sex offender.
There really aren’t many worse things in this world to be accused of than a sex crime. It is also startling to see how little evidence is needed to proceed forward on charges of this magnitude. So many times, the only evidence against someone accused of a sex crime is simply someone’s word. The infamous “he said, she said” type of sex crime cases are all too common, and even more troubling is how many people are convicted on weak evidence, leaving the future of their lives forever altered and likely irreparable.
If you are being investigated for a sexual assault it is important to know that police, prosecutors, and judges do not take these cases lightly. These people are not your friends and speaking to investigators without an attorney present can have disastrous consequences.
CSC is broken down into 4 degrees as listed below:
Sex crime charges related to CSC include:
The “attempted” CSC charges. These are attempted acts that were not fully carried out by the accused. They are:
Other sex crime related charges:
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 sexual conduct attorney as soon as possible.
Jail/Prison: A conviction for a criminal sexual conduct related offense can result in either jail or prison time, depending on the charges and circumstances alleged. A criminal sexual conduct in the fourth degree can result in up to two years of prison time, while a conviction for assault with intent to commit criminal sexual conduct can result in up to ten years in prison. A conviction for criminal sexual conduct in the first degree can result in up to a life sentence. As you can see, a judge will have the full range of options in terms of sentence for criminal sexual conduct convictions.
Probation: Probation is an alternative to jail, and sometimes an additional sentence that comes with a criminal sexual conduct conviction. While on probation for a sex offense, an offender will have to follow strict guidelines and rules, such as staying alcohol or drug free. He or she 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: A judge can order an offender to pay the victim money for medical treatment and counseling, among other possible forms of restitution for a criminal sexual conduct conviction.
Fines: Fines for a criminal sexual conduct conviction can be as low as $500 for a criminal sexual conduct fourth degree conviction but can also be much higher for more serious offenses.
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.
For a prosecutor to secure a conviction against someone for a sex crime, they have to prove a number of elements. Every sex crime has 3 basic elements:
Your presence in a sex crime is essential. A prosecutor has to prove you were there when the crime occurred. Do you have an alibi? A defendant doesn’t have to prove his alibi, it is up to the Prosecutor to prove your presence at the scene of the crime in order for a jury to appropriately find you guilty of a sex crime. Simple physical contact is not enough for a conviction of a sex crime. A prosecutor must prove that whatever contact that is alleged to have been made was sexual in nature. This contact can be inferred as sexual in many ways. Finally, a prosecutor must show that the alleged victim did not legally consent to the alleged sexual conduct committed by the accused. Certain victims cannot legally consent based on their age or relation to the accused.
If investigators violated your constitutional rights during the investigation, then you can bring those issues in front of a judge in the form of a motion to suppress to potentially have the evidence against you thrown out. This is not a full list of defenses to CSC and CSC-related charges. A seasoned criminal sexual conduct attorney will look to these and other defenses specific to your case in building your defense if you are accused of illegal activity.
If you or someone you love is facing the possibility of being charged with criminal sexual conduct, it is natural to 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 more questions about criminal sexual conduct offenses, then the attorneys at Oakes Law Group are available to you.
A criminal sexual conduct charge requires a prosecutor to show that you intended to commit or did commit a sexual act on another without legal consent. Was there a genuine, honest mistake in what was going on? Are you able to explain that even though things appear a certain way, there was nothing illegal going on? In order to present your best defense, your attorney has to be able to answer these questions. The only way to answer these and other necessary questions is for your defense to conduct its own investigation. Just as the prosecutor builds a case against you with their resources, you are able to build your defense in the same way.
At Oakes Law Group, we pride ourselves on not limiting your defense to simply be trying to explain the prosecutor’s version of events. We defend cases by going on offense, by advancing your version of events based on our in-depth investigations.
If you are facing a criminal charge for criminal sexual conduct or are being investigated for one, then it is important to speak to an experienced Michigan criminal defense attorney immediately. At Oakes Law Group, we are proud to offer FREE consultations to all prospective clients.
If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at 1-888-886-5711 or email. Our advice is free, and our conversations will always be protected by attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Oakes Law Group today.