Rape and Statutory Rape

Rape

The term rape refers to forced, or nonconsensual sexual intercourse. However, under Michigan law, the term rape is not used. Instead, we call it criminal sexual conduct. In Michigan, anyone charged with raping another person will be charged with either First or Third degree Criminal Sexual Conduct. These two degrees refer to penetration of the victim, as opposed to sexual touching without penetration, which is why they are used when someone is accused of rape.

 

However, the term “rape” is commonly used in everyday terminology, and is widely understood to have a very specific definition. For this reason, while it isn’t a legal term, it is still recognized and used on a regular basis within the legal community, as well as us Michiganders as a whole.

 

Rape Charges

Most forceable rape cases in Michigan are charged as CSC Third Degree. But in some cases, forceable rape is charged as First Degree Criminal Sexual Conduct. Michigan law defines First Degree CSC as penetration of the victim as similar to third degree plus one or more other factors are present. These factors include the victim being underaged, the perpetrator using force or coercion to achieve the penetration, the victim being related by blood to the perpetrator, or the perpetrator being in a position of authority over the victim.

 

CSC Third Degree can result in a maximum of 15 years in prison. First degree criminal sexual conduct is considered to be the most serious of criminal sexual offenses. It is punishable by up to life in prison. For those who are released from prison after serving a sentence for 1st or 3rd Degree CSC, they will be required to register as a sex offender and may have to wear an electronic tether for the rest of their lives.

 

Statutory Rape

Statutory Rape is the common name for consensual sex between two people, one of whom is below the legal age for consent. This is most commonly found in teenage relationships, where one teen is of consenting age, and the other isn’t.

 

Under Michigan law, this is usually charged as Third Degree Criminal Sexual Conduct. 3rd Degree CSC refers to sexual penetration when the victim is either under the age of consent, incapacitated due to drugs or alcohol, mentally unable to consent due to a handicap, rendered physically helpless, or the perpetrator works at the victim’s school in a position of authority.

 

Date Rape

Date Rape, like statutory rape, is not a legal term used in the Michigan penal code. However, it is terminology commonly used in our culture to describe non consensual sex that takes place after one person has been temporarily incapacitated on or after a date. This incapacitation is usually the result of alcohol or drugs, administered against the victim’s wishes or without their knowledge, in order to facilitate the sexual encounter.

 

In Michigan, Date Rape would be charged as either First or Third Degree Criminal Sexual Conduct, depending on the circumstances. Either way, these are very serious crimes that could result in many years in prison and a lifetime on the state’s sex offender registry for anyone convicted.

 

Spousal Rape

Spousal Rape, also known as Marital Rape, is not a term that one hears often. It refers to non consensual sex between married partners. Many people do not realize that it is possible to rape your spouse, but the law clearly states that all sexual encounters must be between consenting adults, which includes a married couple.

 

Spousal rape charges, which are very rare, would be charged in Michigan like any other rape charge – as First or Third Degree Criminal Sexual Conduct. If there is penetration and the victim is forced or coerced or threatened, or is incapacitated by drugs or alcohol, or is rendered physically helpless, this will be considered a crime in the eyes of the law, even if the people involved are married to each other.

 

Rape Defense Attorneys

Being accused of rape is terrifying, not least of all because the penalties are so severe for those who are convicted. Additionally, there is the issue of the lengthy sex offender registry, which makes getting a job or having a relationship very hard for those who have been convicted of sex crimes.

 

For this reason, it is critical that you get help if you have been accused of raping someone, or committing a sexual offense of any kind. However, not just anyone is skilled and experienced enough to provide the kind of defense necessary in these situations. Defense against allegations of rape will require the help of an attorney who has repeatedly and successfully defended clients against these types of cases in the past.

 

At The Kronzek Firm, our criminal defense attorneys have decades of experience and have been able to get satisfactory results for our clients, time and again. However, it is important that you contact us immediately. The sooner we are able to begin strategizing your defense and protecting your rights, the sooner we can start working towards your best result. Call 866 766 5245 to speak with an experienced sex crime defence attorney today.

 

Learn More:

What to do if you have been charged with a sex crime

Michigan sex offender registry

Children’s Protective Services

Common Mistakes

 
 

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