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What is the Definition of Force or Coercion in Michigan?

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Force or Coercion What is the Definition of Force or Coercion in Michigan? If you are charged with Criminal Sexual Conduct in Michigan, you'll need an experienced Criminal Sexual Conduct Defense Attorney. In Michigan, most (but not all) sex crimes are called Criminal Sexual Conduct, or CSC for short. The words "force or coercion" are used in the definition of each CSC crime; each CSC crime in Michigan has "force or coercion" as part of one or more of it's "multiple variables." But what is the definition of force or coercion in Michigan? First, you are probably aware that CSC is divided into four "degrees" of seriousness: Before the days of modern, complex sex crime laws enacted by State Legislatures (like those above), criminal laws in places of English origin (like the US) were based on "common law" - judge made law based on the idea of making similar rulings in similar types of cases. Rape was one of the original seven common law felonies, defined as "the unlawful sexual intercourse by a man against a woman not his wife by force and without consent." Since then, a lot has changed. Of course, Rape is still a crime today, but it's only one of many acts included in the expansive modern legal scheme of Criminal Sexual Conduct, which combines traditional principles of Rape with modern concepts of Assault and Battery for sexual gratification (i.e. where there is no sexual penetration, just touching). Today, common-law "Rape" is included as one of the multiple variables of Third Degree CSC. In the modern Michigan CSC laws, the old idea of "by force and without consent" has evolved into "force or coercion" being used to accomplish an act of sexual penetration or sexual contact. In Michigan, the definition of "force or coercion" includes (but is not limited to):

1) When the actor overcomes the victim through the actual application of physical force or physical violence.

2) When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats.

3) When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, “to retaliate” includes threats of physical punishment, kidnapping, or extortion.

4) When the actor engages in the medical treatment or examination of the victim in a manner or for purposes that are medically recognized as unethical or unacceptable.

5) When the actor, through concealment or by the element of surprise, is able to overcome the victim.

Each one of the four degrees of CSC in Michigan incorporates some aspect of "force or coercion" as in of it's "multiple variables." For example, using force or coercion as defined above to accomplish an act of sexual penetration where an injury is caused to the victim is one way that First Degree Criminal Sexual Conduct is committed, a LIFE offense. If there is force or coercion plus an injury, but only sexual contact (rather than penetration), that would be Second Degree Criminal Sexual Conduct. If force or coercion is used to accomplish sexual penetration, but without any other aggravating fact (i.e. no injury, no aiding and abetting by a third party, etc.), the charge is Third Degree Criminal Sexual Conduct. Or, if force or coercion is used to accomplish just sexual contact without anything more, the accused may face a Fourth Degree Criminal Sexual Conduct charge.
If you or someone you know is being accused of Criminal Sexual Conduct in Michigan, the only pathway to freedom starts with a top-notch Criminal Defense Attorney. Michigan CSC Defense Attorney Brian J. Prain of Prain Law, PLLC has been ranked as a Top 10 Criminal Defense Attorney Under 40 by NACDA for Michigan, Top 100 Trial Lawyer and Top 40 Trial Lawyer Under 40 by the National Trial Lawyers, has been featured in Hour Detroit Magazine and Super Lawyers Magazine, and more. Call PrainLaw, PLLC anytime at (248) 731-4543. Even if Prain Law cannot handle your case at this time, we will point you in the right direction.