Another Verdict of NOT GUILTY of Criminal Sexual Conduct for Attorney Brian J. Prain

On June 5, 2024, Michigan Criminal Sexual Conduct Attorney Brian J. Prain of Prain Law, PLLC achieved yet another Jury verdict of NOT GUILTY of Criminal Sexual Conduct following a trial that spanned over the course of three weeks in the Ingham County 30^th Circuit Court.

Prain Law, PLLC is not just a “general practice” firm, or even a “general practice” criminal defense practice. Rather, Prain Law specifically concentrates on defending those accused of Michigan Criminal Sexual Conduct charges and a very limited list of other things.

Out of respect to our client and all parties involved, we do not share the personal information of anyone involved. Rather, the purpose of this article is to highlight certain aspects of the case in an effort to help those accused of Michigan Criminal Sexual Conduct charges to identify similar issues in their own cases so they may begin to understand how they can successfully be dealt with in an actual trial involving a Jury.

RELATED: click here to learn about Michigan First Degree Criminal Sexual Conduct charges, the most serious Michigan CSC charge.

In this case involving a “delayed disclosure,” the client was accused of allegedly repeatedly sexually abusing a minor stepdaughter over the course of several years. However, the alleged victim never made any claims of alleged sexual abuse until several years after the supposed abuse ended, when her mother happened to be contemplating a divorce from the accused and the custody of a younger sibling was soon to be at issue.

Because the accuser (or “Complainant”) made claims that involved allegations of “sexual contact” (as opposed to “sexual penetration”) that she claimed occurred when she was under 13 years of age, the client was charged with two “Counts” (meaning individual, separate charges) of Second Degree Criminal Sexual Conduct under MCL 750.520c.

Criminal Sexual Conduct charges, sometimes called “CSC” for short, are broken-down into four basic “Degrees”:

Under the Michigan Criminal Sexual Conduct laws, Criminal Sexual Conduct 2nd Degree is punishable by up to 15 years in Prison, and in addition, because the allegations in this particular case were against "an individual 17 years of age or older," by lifetime electronic monitoring (i.e., having to wear a “tether” or similar apparatus for the rest of one’s life).

In this case, the Jury was presented with evidence that required them to consider whether the allegations could have been intentional lies, a product of suggestive influences in the family and social setting, or perhaps a combination of both.

In a trial, where the evidence or lack of evidence raises a doubt that is reasonable after a careful and considered examination of all of the facts and circumstances in the case, the Jury must find the Defendant NOT GUILTY of Criminal Sexual Conduct, which they did here. Of course, we believe these allegations were absolutely false, and that it was quite clear and obvious what was going on.

RELATED: click here to learn about Fourth Degree Criminal Sexual Conduct, the other Michigan CSC charge based on "sexual contact."

We, along with our client, were very fortunate to be aided in the defense by a world class expert and renowned researcher in the field of child and adolescent psychology, memory and suggestibility, and the disclosure of child sexual abuse and maltreatment. Our expert offered valuable insight on a variety of relevant topics, including how a body of scientific research has demonstrated how various forms of suggestive influences on memory can contribute to unreliable and false reports of sexual abuse.

As the Jury read their verdict of NOT GUILTY of Second Degree Criminal Sexual Conduct, years of frustration for our innocent client finally came to an end, allowing him to begin to rebuild and live a normal life again.

Criminal Sexual Conduct trials are a very unique and special subset of criminal trials. If you are accused of Criminal Sexual Conduct in Michigan and looking for an experienced trial lawyer to handle your defense, contact Prain Law, PLLC to find out how we may help.

Michigan Criminal Sexual Conduct Lawyer Brian J. Prain of Prain Law, PLLC has received many of the most prestigious top attorney awards and honors, including: