First Degree Criminal Sexual Conduct in Michigan
In Michigan, first-degree criminal sexual conduct is the most serious kind of sex offense with which you can be charged. In essence, 1st-degree criminal sexual conduct is the crime known more commonly as rape or sexual assault and also encompasses actions that most people might think of as child rape or child molestation, and sexual assault involving someone with a mental or physical disability.
First Degree Criminal Sexual Conduct is a ācapital offense,ā suggesting a person convicted may be facing up to life in prison. A person is charged with criminal sexual conduct in the first-degree when he or she engages in involuntary SEXUAL PENETRATION with a person under thirteen years of age or between 13-16 years of age and residing in the same house. The ability to give consent is often at the crux of these cases. Many alleged victims may not be in a position to lawfully provide consent.
If you are being accused of sexual penetration with any of these conditions, you could face lifetime imprisonment.
According to the Michigan Penal CodeĀ you are subject to a first degree CSC conviction if you engage in sexual penetration with another person:
Under 13 years of age.
Sexual penetration occurs accompanying another felony.
Aided by one or more others accompanying any of the following conditions: the accused has reason to know the victim is mentally incapable or physically helpless.
The accused causes personal injury to the other person with the knowledge that the person is mentally incapable or physically helpless.