If you are falsely accused ofCriminal Sexual Conduct in Michigan ("CSC"), your case may well go to trial by jury. That might sound scary, but remember that a jury of your peers are really the ones who ultimately have the power to bring this nightmare to an end. In all but the rarest circumstances, even a Judge lacks the power to dismiss your case, and when you think about it, aside from your Attorney, almost everyone else involved in your case is positioned to essentially work against your best interests.
The right to trial by jury is your right and your safeguard against having your liberty deprived upon all but the strongest of evidence. But as great as our American system of justice is, you're still going to need a Michigan Criminal Sexual Conduct Attorney with extensive experience defending the accused in actual jury trials (not just pleading cases out) and a proven track record of success in trial.
Falling close on the heels of yet another jury verdict of NOT GUILTY of Criminal Sexual Conduct 2nd Degree in the Ingham County Circuit Court in June, 2024, on Friday July 26, 2024, Michigan Criminal Sexual Conduct Lawyer Brian J. Prain of Prain Law, PLLC achieved a jury verdict of NOT GUILTY of all Counts of Criminal Sexual Conduct 1st Degree in the Washtenaw County Circuit Court in Ann Arbor, MI following a week-long trial.
Our client in this particular case was accused of various acts of "sexual penetration" by a step child, now an adult, who alleged that these acts supposedly took place over the course of several years back when they were a minor living in the client's household. When there is a significant delay between the time when an alleged victim claims sexual abuse occurred and when they actually state their claims to another person, lawyers and experts often refer to it as a case of "delayed disclosure."
While research indicates that a delay in disclosure is not uncommon in valid claims of child sexual abuse, research also supports the conclusion that "piecemeal" and inconsistent disclosures (i.e., telling different and/or expanding stories over time) is not. Simply stated, waiting to claim that one has allegedly been sexually abused is not necessarily a "red flag," but changing and expanding their allegations over time is.
In this case, our client was charged with three "Counts" (or individual, alleged instances) of Criminal Sexual Conduct in the First Degree because he was accused of "sexual penetration" upon the alleged victim when they were "under 13 years of age." Under the Michigan First Degree Criminal Sexual Conduct law, MCL 750.520b, this is a charge with a maximum possible penalty of LIFE in prison, and unlike most crimes, the potential sentence for each Count can run consecutively to the others. In other words, a person convicted of CSC 1st Degree in Michigan my spend the rest of their life behind bars, and if they ever do get out, they are subject to mandatory lifetime electronic monitoring (tether). Needless to say, the stakes are unbelievable high.
This recent trial also involved something we've written about often - alleged "other acts" evidence. Evidence of alleged "other acts" of Criminal Sexual Conduct in a case like this refers to allegations of sexual abuse our forth by the Prosecution at trial that the Defendant is not actually charged with in the case at hand, but which the Prosecution still wants to use to try to convince the jury to find the Defendant guilty. This is allowed by statute in Michigan, MCL 768.27a, subject to certain limitations imposed by the Constitution and Michigan Rules of Evidence. Evidence of alleged "other acts" can come in several forms, and in this case it involved the testimony of a sibling claiming to have also been sexually abused by the client.
Because the Defendant is not actually charged with the alleged "other acts" being claimed by the other accuser in such a scenario, the jury can't convict the Defendant of anything based on those claimed acts, but may take that other person's claims into consideration when deciding whether to convict the Defendant for what they are actually charged with (i.e., thecharged "Counts"). As you can imagine, alleged "other acts" evidence is some of the most difficult for the accused to overcome, and due to the law, unfortunately, all anyone has to do is point the finger and accuse and there's a good chance it will be allowed at trial - even when it may be a complete lie for all anyone knows.
RELATED: click here for 6 essential tips you may not know for finding the right Michigan Criminal Sexual Conduct Attorney to defend you.
If you find all of this "other acts" business a little confusing, you're probably not alone. To clarify, here is exactly how the Judge instructs a jury in a trial where the Defendant is charged with certain "Counts" relating to one alleged victim, but the jury also hears the testimony of another person claiming to also have been sexually abused as a child:
(1) The prosecution has introduced evidence of claimed acts of sexual misconduct by the defendant with a minor for which he is not on trial.
(2) Before you may consider such alleged acts as evidence against the defendant, you must first find that the defendant actually committed those acts.
(3) If you find that the defendant did commit those acts, you may consider them in deciding if the defendant committed the offenses for which he is now on trial.
(4) You must not convict the defendant here solely because you think he is guilty of other bad conduct. The evidence must convince you beyond a reasonable doubt that the defendant committed the alleged crime, or you must find him not guilty.
What you just read is called Michigan Criminal Jury Instruction 20.28a, Evidence of Other Acts of Child Sexual Abuse. Certain standard Jury Instructions are read in every Criminal Sexual Conduct jury trial to help the jury gain a firm understanding of the law they must apply in plain English, and a seasoned Criminal Sexual Conduct Attorney will be sure to make frequent reference to these instructions in closing argument, including how they apply to the evidence in the case.
Out of deference to all of those involved and affected by these serious allegations, we're not going to share further details about the case, and everything mentioned here is already a matter of public record by way of the Court proceedings. Suffice it to say that we believed deeply in our client's innocence and passionately presented the case through cross-examination of all of the State's witnesses. The Defense in a criminal case does not have to produce any evidence or do anything at all at trial. The entire burden of proof is on the Prosecution.
In the end, this trial resulted in yet another jury verdict of NOT GUILTY of all Counts of Criminal Sexual Conduct 1st Degree, the most serious of all of the Degrees of Criminal Sexual Conduct in Michigan. In bringing this discussion to a close, we end up where we started - with an understanding and appreciation that the American jury is not something one should fear, but a sacred tradition and Constitutional right. But like any other blessing in life, one must interact with it in an effective manner. Trying CSC cases effectively means having the experience, skill, foresight, and dedication to ensure that the jury has all of the facts and evidence to reach a well-reasoned decision.
Why hire Michigan Criminal Sexual Conduct Lawyer Brian J. Prain of Prain Law, PLLC? In addition to Brian's outstanding track record of NOT GUILTY verdicts in CSC cases, Brian's awards and acknowledgements in Michigan and nationwide also stand as a testament to the dedication and skill our clients' cases are handled with:
- Nations Top 1%, The National Association of Distinguished Counsel
- Top 10 Criminal Defense Attorneys in Michigan, The National Academy of Criminal Defense Attorneys
- 19 Best Criminal Defense Attorneys in Detroit by Expertise.com
- Top 100 Criminal Defense Trial Lawyers, Michigan, The National Trial Lawyers
- DBusiness Top Lawyers, 2023
- Featured in Super Lawyers for over 10 years