Top Defenses for a Criminal Sexual Conduct Charge

CRIMINAL SEXUAL CONDUCT CHARGES BRIEFLY EXPLAINED

In Michigan, the majority of sex crimes are listed under the state criminal sexual conduct (CSC) statute. Sexual assault crimes under this statute are divided into four different charges:

• 1^st Degree Criminal Sexual Conduct (penetration + injuries)
• 2^nd Degree Criminal Sexual Conduct (contact + injuries)
• 3^rd Degree Criminal Sexual Conduct (penetration)
• 4^th Degree Criminal Sexual Conduct (contact)

1^st-degree criminal sexual conduct and 3^rd-degree criminal sexual conduct are similar in the requirement of penetration, while 2^nd-degree criminal sexual conduct and 4^th-degree criminal sexual conduct are similar in the requirement of sexual contact. Both 1^st- and 2^nd-degree criminal sexual conduct charges require injuries to be properly charged. The complainant’s age is also an extremely important factor in determining the appropriate level of criminal sexual conduct charge. Sex crimes commonly known as rape, statutory rape, and unconsented sexual contact are all included under the state criminal sexual conduct statute. If you are facing an accusation of criminal sexual conduct, then it is important to speak to an experienced criminal defense attorney immediately.

POTENTIAL DEFENSES

If an individual is charged with a criminal sex offense, such as criminal sexual conduct in Michigan, then he or she potentially has a few different defenses that might be applicable. The top potential defenses to a criminal sexual conduct charge include:

• CONSENT – One common element across the criminal sexual conduct statute is lack of consent. If the complainant consented to the sexual activity, then the sexual activity cannot be criminal under the criminal sexual conduct statute. The complainant does not actually have to give verbal consent for consent to be valid.

• LACK OF EVIDENCE – The intimate nature of a criminal sexual conduct accusation often leads to several additional exams that become part of the case. One exam is known as a “rape kit.” A rape kit is an exam that is conducted by a medical professional to determine if there are any injuries or other harm that can be linked to the alleged assault. If the results of the rape kit don’t match up with the accusations made, then the lack of evidence can become a strong defense.

• POLYGRAPH TESTS – A polygraph test, or lie-detector test, is often used by law enforcement during investigations. Polygraph test results are not admissible in court, but anything you say in a test can be used against you if the polygraph is conducted by the police. You have the right to seek a polygraph exam from a private company to help defend your case. If you pass a private polygraph exam, then this can lead to the dismissal of criminal charges.

• DNA EVIDENCE – DNA evidence is often collected at the scene of the alleged crime and with the medical professional who administers the rape kit examination. If the complainant is found to have DNA evidence from someone other than the accused, then this can form a potential defense to the charge.

Each case of alleged criminal sexual conduct has its own unique facts and circumstances. Some or all of the defenses listed above may be available to defend your case if you are charged.

HOW AN EXPERIENCED ATTORNEY CAN HELP

An experienced attorney can help evaluate your case’s strengths and weaknesses to decide the best way to approach the defense of your case. An attorney can also help conduct an independent investigation into the facts and circumstances, as well as into the accuser themselves, to see what information lines up with the events and which information doesn’t. The information gained from a proper investigation can be instrumental in formulating your defense strategy and approach. If you have legal questions, then call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are facing a criminal sexual conduct charge or are currently being investigated, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, 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 (517) 292-7000 or online. Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today.