In Michigan, sexual assault is divided into a number of “degrees” of seriousness. Second Degree Criminal Sexual Conduct is sexual conduct that occurs with an “aggravating factor”. These aggravating factors are similar to the factors that can increase CSC-3rd to CSC-1st. One of the most common situations we encounter is where a complainant is under the age of 13. Another common scenario is where the complainant (alleged victim) is between the ages of 13 and 16, but there is a special relationship — such as living together or being related.
In cases where there is an allegation of sexual touching, the government frequently relies on the statements that the accused makes to the police early on in the investigation. It is critically important that you consult with a qualified sexual assault defense attorney before speaking to the police. In CSC2 cases, there is rarely DNA evidence. These cases often turn into he-said, she-said. The government will use everything you said against you. For example, if you admit to being in the room when the alleged victim says you committed the sexual assault, they will use your statements to claim you had the opportunity to commit the crime. However, if they are unable to use your statements, they will have to rely solely on the alleged victim, calling his or her credibility into question even more.
CSC — 2nd Degree is a very serious crime. It is punishable, on a first offense, by up to 15 years in prison. Sex Offender Registration is also mandatory. If someone has accused you of Criminal Sexual Conduct, it is a natural reaction to want to explain your innocence. However, before making a statement that could affect the rest of your life, you should discuss your case with an attorney experienced in handling these matters.
The criminal sexual conduct lawyer in Michigan at Miel & Carr have the knowledge and experience to effectively represent you during this critical time. We understand the psychological factors that affect false accusations. We are skilled at examining whether the government has planted false ideas into the mind of the child complainant by failing to adhere to the Forensic Interviewing Protocol when questioning the child. We are experienced in the science behind DNA testing and can effectively cross-examine the government’s expert witnesses.
If you have been accused of a sex crime, call a criminal sexual conduct lawyer in Michigan as soon as possible at 616-773-2945 .