In Michigan rape is called Criminal Sexual Conduct. All charges of Criminal Sexual Conduct fall into one of four categories or degrees. If you are charged with a penetration offense you will typically be charged with either a first degree or third degree offense. If you are charged with a sexual touching, where no penetration is alleged, then you will typically be charged with either a second or fourth degree offense. Below you can find important distinctions between the four degrees of Criminal Sexual Conduct. One of the most important things that you should remember is that if you have been charged with a crime, or if you know an allegation has been made against you, whether it be of a sexual nature or not, a detective will try to contact you and interview you. NOTHING GOOD WILL EVER COME FROM YOU TALKING TO A DETECTIVE. No matter how friendly the detective is or how much the detective seems like he wants to help you, YOU SHOULD NEVER SPEAK TO A DETECTIVE WITHOUT A LAWYER. Candidly, in most cases you should never speak with a detective once you have a lawyer. It is not uncommon for the accused to make completely innocent statements to a detective only to have them misinterpreted and used against them at a later date. YOU HAVE BEEN WARNED, NEVER SPEAK TO DETECTIVES OR POLICE OFFICERS WITHOUT FIRST CONSULTING AN ATTORNEY!

The maximum possible penalty for Criminal Sexual Conduct-1st Degree is life in prison. In order for a person to be convicted of CSC-1st Degree the following elements must be proven beyond a reasonable doubt:

  1. The defendant engaged in sexual penetration with another person and any of the following circumstances exist:
    • The complainant is under 13 years of age;
    • The complainant is at least 13 years old but less than 16 years old and any of the following apply:
      • The defendant is a member of the same household of the complainant.
      • The defendant is related to the complainant by blood or affinity to the fourth degree.
      • The defendant is in a position of authority over the complainant and used his authority to coerce the complainant to submit.
      • The defendant is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which the complainant is enrolled.
      • The defendant is an employee or contractual service provider of the public school, nonpublic school, school district, or intermediate school district where the complainant is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the defendant uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with the complainant.
    • Sexual penetration occurs under circumstances involving the commission of any other felony.
    • The defendant is aided or abetted by 1 or more other persons and either of the following circumstances exists:
      • The defendant knows or has reason to know that the complainant is mentally incapable, mentally incapacitated, or physically helpless.
      • The defendant uses force or coercion to accomplish the sexual penetration. Force or coercion includes, but is not limited to, any of the circumstances listed in the subdivision (f).
    • The defendant is armed with a weapon or any article used or fashioned in a way to make the complainant reasonably believe it to be a weapon.
    • The defendant causes personal injury to the complainant and force or coercion is used to accomplish sexual penetration. Force or coercion includes, but is not limited to, any of the following circumstances:
      • When the defendant overcomes the complainant through the actual application of physical force or physical violence.
      • When the actor coerces the victim to submit by threatening to use force or violence on the complainant, and the complainant believes that the defendant has the present ability to execute the threats.
      • When the defendant coerces the complainant to submit by threatening to retaliate in the future against the complainant, or any other person, and the complainant believes that the defendant has the ability to execute this threat. As used in this subdivision, “to retaliate” includes threats of physical punishment, kidnapping, or extortion.
      • When the defendant engages in the medical treatment or examination of the complainant in a manner or for purposes that are medically recognized as unethical or unacceptable.
      • When the defendant, through concealment or by the element of surprise, is able to overcome the complainant.
    • The defendant causes personal injury to the complainant, and the defendant knows or has reason to know that the complainant is mentally incapable, mentally incapacitated, physically helpless.
    • The complainant is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless and any of the following:
      • The defendant is related to the complainant by blood or affinity to the fourth degree
      • The defendant is in a position of authority over the complainant and used this authority to coerce the complainant to submit.

Criminal Sexual Conduct-1st Degree is a felony punishable by imprisonment for life or for any term of years. However, if the defendant is at least 17 years old and the complainant is less than 13 years old then the sentencing judge must impose a mandatory minimum sentence of at least 25 years. In either case the court is required to order lifetime electronic monitoring.

The maximum possible penalty for Criminal Sexual Conduct-2nd Degree is 15 years in prison. In order for a person to be convicted of CSC-2nd Degree the following elements must be proven beyond a reasonable doubt:

  1. The defendant engaged in sexual contact with another person and any of the following circumstances exist:
    • The complainant is under 13 years of age;
    • The complainant is at least 13 years old but less than 16 years old and any of the following apply:
      • The defendant is a member of the same household of the complainant.
      • The defendant is related to the complainant by blood or affinity to the fourth degree.
      • The defendant is in a position of authority over the complainant and used his authority to coerce the complainant to submit.
      • The defendant is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which the complainant is enrolled.
      • The defendant is an employee or contractual service provider of the public school, nonpublic school, school district, or intermediate school district where the complainant is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unity of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the defendant uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with the complainant.
    • Sexual contact occurs under circumstances involving the commission of any other felony.
    • The defendant is aided or abetted by 1 or more other persons and either of the following circumstances exists:
      • The defendant knows or has reason to know that the complainant is mentally incapable, mentally incapacitated, or physically helpless.
      • The defendant uses force or coercion to accomplish the sexual contact. Force or coercion includes, but is not limited to, any of the circumstances listed in section 520b(1)(f).
    • The defendant is armed with a weapon or any article used or fashioned in a way to make the complainant reasonably believe it to be a weapon.
    • The defendant causes personal injury to the complainant and force or coercion is used to accomplish sexual contact. Force or coercion includes, but is not limited to, any of the following:
      • When the defendant overcomes the complainant through the actual application of physical force or physical violence.
      • When the actor coerces the victim to submit by threatening to use force or violence on the complainant, and the complainant believes that the defendant has the present ability to execute the threats.
      • When the defendant coerces the complainant to submit by threatening to retaliate in the future against the complainant, or any other person, and the complainant believes that the defendant has the ability to execute this threat. As used in this subdivision, “to retaliate” includes threats of physical punishment, kidnapping, or extortion.
      • When the defendant engages in the medical treatment or examination of the complainant in a manner or for purposes that are medically recognized as unethical or unacceptable.
      • When the defendant, through concealment or by the element of surprise, is able to overcome the complainant.
    • The defendant causes personal injury to the complainant, and the defendant knows or has reason to know that the complainant is mentally incapable, mentally incapacitated, physically helpless.
      • The defendant is related to the complainant by blood or affinity to the fourth degree
      • The defendant is in a position of authority over the complainant and used this authority to coerce the complainant to submit.
    • The other person is under the jurisdiction of the department of correction and the defendant is an employee or a contractual employee of, or a volunteer with, the department of corrections who knows that the other person is under the jurisdiction of the department of corrections.

There are a couple of other factual circumstances that fall under criminal sexual conduct second degree. The complete statute can be found at MCL 750.520c

Criminal Sexual Conduct-2nd Degree is a felony punishable by up to 15 years in prison. Additionally, if the defendant is over 17 years old and the complainant is less than 13 years old then the court must order lifetime electronic monitoring of the defendant.

In order for a person to be convicted of CSC-3rd Degree the following elements must be proven beyond a reasonable doubt:

  1. The defendant engaged in sexual penetration with another person and any of the following circumstances exist:
    • The complainant is at least 13 years old, but younger than 16 years old.
    • Force or coercion is used to accomplish the sexual penetration. Force or coercion includes but it not limited to:
      • When the defendant overcomes the complainant through the actual application of physical force or physical violence.
      • When the actor coerces the victim to submit by threatening to use force or violence on the complainant, and the complainant believes that the defendant has the present ability to execute the threats.
      • When the defendant coerces the complainant to submit by threatening to retaliate in the future against the complainant, or any other person, and the complainant believes that the defendant has the ability to execute this threat. As used in this subdivision, “to retaliate” includes threats of physical punishment, kidnapping, or extortion.
      • When the defendant engages in the medical treatment or examination of the complainant in a manner or for purposes that are medically recognized as unethical or unacceptable.
      • When the defendant, through concealment or by the element of surprise, is able to overcome the complainant.
    • The defendant knows or has reason to know that the complainant is mentally incapable, mentally incapacitated or physically helpless.
    • That the complainant is related to the defendant by blood or affinity to the third degree and the sexual penetration occurs under circumstances not otherwise prohibited by this chapter. It is an affirmative defense to a prosecution under this subdivision that the complainant was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by preponderance of the evidence. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation.
    • That complainant is at least 16 years of age but less than 18 years of age and a student at a public school or nonpublic school, and either of the following applies:
      • The defendant is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district. This subparagraph does not apply if the complainant is emancipated or if both persons are lawfully married to each other at the time of the alleged violation.
      • The defendant is an employee or contractual service provider of the public school, nonpublic school, school district, or intermediate school district where the complainant is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the defendant uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with the complainant.
    • The complainant is at least 16 years old but less than 26 years old and is receiving special education services, and either of the following applies:
      • The defendant is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district from which the complainant received special education services. This subparagraph does not apply if both persons are lawfully married to each other at the time of the alleged violation.
      • The defendant is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the defendant uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with the complainant.

Criminal Sexual Conduct-3rd Degree is a felony punishable by up to 15 years in prison.

In order for a person to be convicted of CSC-4th Degree the following elements must be proven beyond a reasonable doubt:

  1. The defendant engaged in sexual contact with another person and any of the following circumstances exist:
    • The complainant is at least 13 years old, but younger than 16 years old, and the defendant is 5 or more years older than that other person.
    • Force or coercion is used to accomplish the sexual penetration. Force or coercion includes but it not limited to:
      • When the defendant overcomes the complainant through the actual application of physical force or physical violence.
      • When the actor coerces the victim to submit by threatening to use force or violence on the complainant, and the complainant believes that the defendant has the present ability to execute the threats.
      • When the defendant coerces the complainant to submit by threatening to retaliate in the future against the complainant, or any other person, and the complainant believes that the defendant has the ability to execute this threat. As used in this subdivision, “to retaliate” includes threats of physical punishment, kidnapping, or extortion.
      • When the defendant engages in the medical treatment or examination of the complainant in a manner or for purposes that are medically recognized as unethical or unacceptable.
      • When the defendant, through concealment or by the element of surprise, is able to overcome the complainant.
    • The defendant knows or has reason to know that the complainant is mentally incapable, mentally incapacitated or physically helpless.
    • That the complainant is related to the defendant by blood or affinity to the third degree and the sexual contact occurs under circumstances not otherwise prohibited by this chapter. It is an affirmative defense to a prosecution under this subdivision that the complainant was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by preponderance of the evidence. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation.
    • The defendant is a mental health professional and the sexual contact occurs during or within 2 years after the period in which the complainant is his or her client or patient and not his or her spouse. The consent of the complainant is not a defense to the prosecution under this subdivision. A prosecution under this subsection shall not be used as evidence that the complainant is mentally incompetent.
    • That complainant is at least 16 years of age but less than 18 years of age and a student at a public school or nonpublic school, and either of the following applies:
      • The defendant is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district. This subparagraph does not apply if the complainant is emancipated or if both persons are lawfully married to each other at the time of the alleged violation.
      • The defendant is an employee or contractual service provider of the public school, nonpublic school, school district, or intermediate school district where the complainant is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the defendant uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with the complainant.
    • The complainant is at least 16 years old but less than 26 years old and is receiving special education services, and either of the following applies:
      • The defendant is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district from which the complainant received special education services. This subparagraph does not apply if both persons are lawfully married to each other at the time of the alleged violation.
      • The defendant is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the defendant uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with the complainant.

Criminal Sexual Conduct-4th Degree is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $500 or both.