A charge of Criminal Sexual Conduct — Third Degree is an allegation that you committed a sexual penetration with another person. A criminal sexual conduct attorney in Michigan will inform you that this includes what people commonly refer to as “statutory rape“. In Michigan, CSC3 is a felony punishable by up to 15 years in prison. MCL 750.520d It also requires mandatory sex offender registration in most situations.
The difference between Third Degree CSC and First Degree CSC is the absence of an “aggravating factor” in a CSC Third Degree. Frequently prosecutions for CSC 3 arise out of situations involving a boyfriend or girlfriend who is not yet 16 years old or an allegation of “date rape”. In many of these cases, the government’s best evidence are the statements that the accused makes early in the investigation. If you’ve been accused, you should consult with a high quality attorney before speaking to anyone, especially the police.
Complainants make false allegations of sexual assault for a variety of reasons. We have seen cases where the complainant makes an allegation to divert attention from something he or she did, to explain a relationship, to attract attention, and for a number of other reasons. If you’re being accused of rape, you need someone to look into the complainant’s background to determine if there is an explanation for why you’re being accused.
It is common for the government to obtain DNA evidence in CSC3 prosecutions. Frequently the evidence obtained contains a mixture of the alleged victim’s DNA and the alleged actor’s DNA. If you’re facing a case with DNA evidence, you need an attorney who is familiar challenging DNA evidence involving mixed samples.
If you or a loved on has been accused of CSC 3, it is time to talk to a criminal sexual conduct attorney in Michigan with experience handling these cases. A conviction for CSC3 requires a mandatory prison sentence — that means you cannot receive probation, if you are convicted. Call Miel & Carr to discuss your case at 616-773-2945.