Criminal defense attorney Brian J. Prain of Prain Law, PLLC specifically concentrates on defending those accused of Michigan Criminal Sexual Conduct charges (CSC). CSC charges are serious and often involve complex and unique issues.
On October 1, 2024, Brian J. Prain completed a week-long jury trial on Michigan's west side resulting in a verdict of NOT GUILTY of Third Degree Criminal Sexual Conduct for his client, who will now be able to rebuild his life and look forward to his future again free of the pressure and stress of this charge hanging over him.
The Michigan Third Degree Criminal Sexual Conduct law, MCL 759.520d, contains a number of subsections outlining the various ways a person can be guilty of this charge, which carries a penalty of up to 15 years in prison and mandatory lifetime public Sex Offender Registration. Although there are various ways a person can be guilty of CSC 3rd Degree (known as "multiple variables"), they are all based upon a claim of "sexual penetration" as opposed to just touching. Under Michigan law, "sexual penetration" can include sexual intercourse, oral sex, digital penetration, and more.
The unique and unusual story of this recent trial victory began over eight years ago, when our client was accused of sexual penetration by an individual who then was 15 years old. He was originally charged with a single Count of Third DegreeCriminal Sexual Conduct. At the Preliminary Exam stage, the charge was increased to First Degree Criminal Sexual Conduct (a LIFE offense) based on the theory that the Defendant and Complainant accusing him were allegedly related by "blood or affinity," and also that the same alleged act of sexual penetration forming the basis for the CSC 3rd Degree charge also constituted felony "Child Abuse," and therefore, it amounted to alleged sexual penetration occurring "under circumstances involving the commission of any other felony" under the Michigan CSC 1st Degree law.
We adamantly disagreed with these arguments. He was not related by blood or affinity, and we argued that to take the same alleged act of CSC, call it something else, and then increase the Degree of CSC bead on that was circular reasoning and violated his Constitutional protection against Double Jeopardy. These issues were taken to the Michigan Court of Appeals and later the Michigan Supreme Court on what is called an "interlocutory appeal," meaning an appeal to decide an important issue in a case before trial, rather than after trial (NOTE: this was a rare exception and we do not do appeals as part of our normal practice - if you have an appeal issue, you'll need to contact an appellate lawyer).
RELATED: What is Third Degree Criminal Sexual Conduct? CSC 3 Definition.
Brian handled the appeal to the Court of Appeals and another outstanding attorney represented our client in the Supreme Court. We won in both the Court of Appeals and Supreme Court, which meant that as the case went forward to trial, our client could only be charged with CSC 3rd Degree as he originally was. This was a significant win for the client, and it also set important legal precedent that all Michigan CSC cases must now follow. But that was only one battle...we still had to prepare for the trial itself. Had we lost at trial, the client still could have spent up to 15 years in prison and life on the public Sex Offender Registry. To make matters even worse, by the time the appeals were concluded, the Covid Court shutdowns created further delay. All the while, our client steadfastly maintained his innocence and patiently awaited his day in Court.
All told, by the time Brian was in-front of a sworn jury arguing the case against the vehement opposition of the Prosecution beginning in late September, 2024, the case had been over eight years in the making. We generally spare the finer case details out of respect for our client and all others involved. Due in large part to the passage of time and utter lack of collection and preservation of evidence, it was necessary for the jury to consider multiple possible scenarios, including an intentionally false accusation, possible suggestive influences and unreliable memory, and the possibility of some combination of both.
Brian presented the testimony of anexpert witness for the defense to address issues surrounding the use of the Michigan Forensic Interviewing Protocol, memory and suggestibility, and other factors that research has shown to undermine the reliability of reports of sexual abuse. In order to win at trial against these very difficult allegations in this day and age, a lawyer has to work tirelessly and never give up, even when the pressure is on the most.
As a CSC Defense Attorney, one has to constantly be mindful of the fact that each additional hour of preparation could make all the difference in the rest of the client's life. If you were accused of Criminal Sexual Conduct and facing trial, if you knew that your lawyer could put in just that extra hour, that extra bit of effort in preparation, and as a result perhaps you wouldn't have to spend the next 15 years or even the rest of your life behind bars, would you hope they'd put in that work? Would you expect them to do it?
In this case, eight years of suffering and uncertainty for our client came to an abrupt and happy ending when, in the early evening hours of October 1, 2024, the jury that worked tirelessly and sacrificed so much of their lives in pursuit of justice returned a verdict of NOT GUILTY of Criminal Sexual Conduct. Some may not know this, but if you are found guilty of most CSC offenses in Michigan, you are taken into custody immediately and will remain in custody until the entire prison sentence is served. So to walk out of the same courthouse doors you walked into is truly a blessing and a relief that words cannot express.