Accusations of Criminal Sexual Conduct Must Be Taken Very Seriously

If you’ve been accused of a sexual assault or some other sex crime and aren’t worried because “she/he’s lying” or “there’s no physical evidence” or some other reason and you don’t believe you need an attorney-think again. In this area of the law very serious charges are brought and people get locked up with huge unattainable bonds based on mere allegations. Often, no physical evidence is required for a prosecutor bring charges carrying up to a 25-year minimum and request a defendant be held pre-trial with bonds as high as $500,000 or more.

If you’ve been accused of a sex crime, you need a lawyer ASAP. Going to the police alone to discuss the accusation without an attorney is a recipe for disaster. The police will usually believe you’re guilty and can use the information you give them against you. If you’ve been accused of a sexual assault, DO NOT talk to the police before hiring a lawyer.

Further, the mere accusation of a sex crime can have a devastating effect on your life, including serious harm to your reputation, career and personal relationships. If convicted, you can face a lifetime registration as a sex offender and severe criminal penalties. A conviction can follow you for the rest of your life, and convictions can occur even when the only evidence is the alleged victim’s word.

Even the casual comment made by a child, a complaint by a student, a patient-doctor relationship gone bad or a difficult divorce can lead to potential sex related charges. It is you and your attorney alone who can turn the tide in your direction.

If you are being investigated for a sex crime do not make a statement to the police or Child Protective Services (CPS) without an attorney present. Anything you say to the police or CPS without an attorney present may very easily be construed as a full confession. Further, a confession will not help you. The authorities may tell you that making a statement without an attorney will make things better for you. Don’t believe it. Their job is to put you in prison. Making a statement without an attorney present will make it easier for them to put you in prison. Hire an attorney before making a statement.

An investigation of a sexual crime must always be taken seriously and defended aggressively. Because of the current political climate, there is a nationwide effort to pursue sexual predators relentlessly. The government has spent tremendous time and money to set up sting operations, and the news media and prosecutors are all playing on public fear.

Defense of Sex Crimes

I am Ready to Start Building the Best Defense Against Sex Crime Charges in Michigan, including:

• Assault with Intent to Commit Sexual Penetration

• Internet Sex Crimes

• Child Pornography/Child Abusive Activity

• Criminal Sexual Conduct

• Prostitution and Solicitation

• Sex Crime Registration

• Statutory Rape

• Indecent Exposure

• Child Molestation and Sexual Abuse

• Sexual Assault

• Stalking

• Date Rape

• PPO Violations

• Sexting

• Teacher Sex Abuse of a Student

• Child Memory Issues

• DNA Testing in Sex Crime Cases

• Sex Crimes Against Minors

Frequently Asked Question

Q. What is the difference between first degree criminal sexual conduct, second degree criminal sexual conduct, third degree criminal sexual conduct and fourth degree criminal sexual conduct?

A. This post is intended to simplify the difference between each charge. If you have further questions, please don’t hesitate to call.

The first step is to determine if the allegation involves penetration. Penetration includes sexual intercourse, anal intercourse, oral sex, or intrusion of any other body part or object into genital or anal openings.

If the allegation includes penetration, it will into the category of 1st degree CSC or 3rd degree CSC.

If any of the following apply, the charge of 1st degree CSC will apply:

• If the complaining witness is younger than 13 years old
• If the complaining witness is between 13 and 15, but related to the defendant, lives in the defendant’s household or if the defendant is in a position of authority to the complaining witness
• If the defendant is a teacher, substitute teacher, administrator of the school (in the same district at least) that the complaining witness younger than the age of 16 attends
• If the defendant is an employee or contract employee of a school within the school district the complaining witness attends
• If force or coercion was used to complete the penetration or if the complaining witness was incapacitated
• If there was a weapon used
• If there was force/coercion and a personal injury
• If the complaining witness was incapacitated, and there was personal injury
• If the defendant was in the process of committing another felony; or
• If the defendant was engaged in the medical treatment or examination of the complaining witness for a purpose that was medically recognized as unethical or unacceptable.

If the allegation includes penetration and does not fit in the category of 1st degree CSC, it will be charged as 3rd degree CSC if any of the following apply:

• If the complaining witness is between 13 and under 16 years old
• If there was force or coercion used
• If the defendant knew the complaining witness was mentally incapacitated or physically helpless
• If the defendant is related to the complaining witness (to the 3rd degree)
• If the complaining witness is between 16 and 18 years old and is a student in the school or district where the defendant teaches, is a substitute, administrator, employee/contract service provider or serves as a volunteer.
• If the complaining witness is between 16 and 26 and is receiving special education services and the defendant is a teacher, substitute teacher, administrator, employee/contract service provider or volunteer of the district the complaining witness attends.

If penetration is not alleged, but sexual contact is alleged, it will fall in the categories of 2nd degree CSC or 4th degree CSC.

Sexual contact includes contact to the genital area (but not penetration), groin, inner thigh, buttock or breast.

If any of the following apply along with the allegation of sexual contact, the charge of 2nd degree CSC will apply:

• If the complaining witness is younger than 13 years old
• If the complaining witness is between 13 and 15, but related to the defendant, lives in the defendant’s household or if the defendant is in a position of authority to the complaining witness
• If the defendant is a teacher, substitute teacher, administrator of the school (in the same district at least) that the complaining witness attends
• If the defendant is an employee or contract employee of a school within the school district the complaining witness attends
• If force or coercion was used to complete the penetration or if the complaining witness was incapacitated
• If there was a weapon used
• If there was force/coercion and a personal injury
• If the complaining witness was incapacitated and there was personal injury
• If the defendant was in the process of committing another felony or
• If the defendant is engaging in the medical treatment or examination of the complaining witness for a purpose that is medically recognized as unethical or unacceptable.

If the allegation includes penetration and does not fit in the category of 2nd degree CSC, it will be charged as 4th degree CSC if any of the following apply:

• If the complaining witness is between 13 and 16 years old and the defendant is at least 5 years older
• If there is force or coercion used;
• The defendant knows the complaining witness is mentally incapacitated or physically helpless
• The defendant is related to the complaining witness (to the 3rd degree)