In Michigan, one of the elements that figures into whether a suspect has committed a sex crime is if the victim is “mentally incapacitated” at the time of the sexual act. “Mentally incapacitated” means that the victim is temporarily unable to control their conduct due to something being done to them against their will.
This includes the victim being given a substance, such as GHB, GBL, or “Roofies,” that makes them temporarily mentally or physically helpless. If the victim is unconscious, confused about what is going on, asleep, or unable to say “no” in any way during a sexual encounter with them, this might result in a suspect being charged with a violation of Michigan’s Criminal Sexual Conduct laws.
As you can read about in our CSC statutes section, there are four degrees of criminal sexual conduct in Michigan. Having a “mentally incapacitated” victim is one way a defendant can be charged with any of these degrees of Criminal Sexual Conduct (CSC) in Michigan. Prosecutors in Michigan take it seriously when a Date Rape Drug is being used to commit a sex crime. If you have been charged with doing this, you need an experienced sex crime defense attorney who will take your case seriously and fight for each of your rights in court. We have decades of experience practicing in the entire state of Michigan and have gotten favorable results for our clients. Call us 24 hours 1-(866)-7NoJail, which is 1-(866)-766-5245, to discuss your case.