Criminal Sexual Conduct (CSC for short) is the name given to the broad category of Michigan Sex Crimes. These days, we don't typically hear the word "Rape" in connection with criminal charges anymore. At common law, "Rape" was usually defined as "sex by force and without consent," or "the carnal knowledge of a woman forcibly and against her will." Nowadays, all sex-related crimes are all under the umbrella of "Criminal Sexual Conduct, which is divided up into degrees which each have many subcategories. One or more of these subcategories, or "multiple variables" includes what used to be referred to as "Rape" - sex by force and without consent.
Michigan Criminal Sexual Conduct charges come in four basic "degrees" along with some other related Sex Crimes, such as:
First Degree Criminal Sexual Conduct, MCL 750.520b - up to LIFE in Prison (Click here for more on the Penalty for First Degree CSC in Michigan)
Second Degree Criminal Sexual Conduct, MCL 750.520c - up to 15 years in Prison
Third Degree Criminal Sexual Conduct, MCL 750.520d - up to 15 years in Prison
Fourth Degree Criminal Sexual Conduct, MCL 750.520e- up to 2 years in Prison
Assault With Intent to Commit Sexual Penetration, MCL 750.520g - up to 10 years in Prison
Assault With Intent to Commit Criminal Sexual Conduct in the Second Degree, MCL 750.520g - up to 5 years in Prison
But even though the wording is all different these days, the basic idea of sex by "force or coercion" and without consent still survives and is embodied in the modern Michigan CSC laws. For example, if you are accused of what used to be called "Rape" (having sex with someone by force or coercion), you can raise the defense of consent. At a CSC trial, when you raise the defense of consent, meaning your'e essentially admitting to the sex (such as in a case involving a Rape Kit and DNA evidence as proof), the Jury will have to decide whether the alleged victim was actually forced or coerced into the sex, or whether there was consent. In other words, evidence showing consent tends to negate the Prosecutor's claim that force or coercion was used to accomplish sexual penetration or sexual contact.
RELATED: Can I be charged with Criminal Sexual Conduct based only on hearsay?
RELATED: Click here for the most helpful information on the web about the Criminal Sexual Conduct Court Process in Michigan.
In a Michigan CSC case whee consent is at issue, the Judge will instruct the Jury on the law of consent by reading them a Jury Instruction. We can look at that Jury Instruction to understand how consent is defined under Michigan law:
"There has been evidence in this case about the defense of consent. A person consents to a sexual act by agreeing to it freely and willingly, without being forced or coerced.
It is not necessary to show that the alleged victim resisted the defendant to prove that this crime was committed. Nor is it necessary to show that the alleged victim did anything to lessen the danger to himself/herself.
In deciding whether or not the alleged victim consented to the act, you should consider all of the evidence. It may help you to think about the following questions:
- Was the alleged victim free to leave and not take part in the sexual act?
- Did the defendant threaten the alleged victim with present or future injury?
- Did the defendant use force, violence, or coercion?
- Did the defendant display a weapon?
- [Any other relevant circumstances]
If you find that the evidence raises a reasonable doubt as to whether the alleged victim consented to the act freely and willingly, then you must find the defendant not guilty."
There is much more to the defense of consent to Criminal Sexual Conduct in Michigan. But what you have just read above is the law exactly as it would be read to the Jury at a CSC trial. By looking at the above Jury Instruction and analyzing it carefully, you can begin to see whether or not you may be able to present evidence of consent as a defense to Criminal Sexual Conduct in your case.