Sexual Assault Prevention and Awareness Center

Survivors of Sexual Assault Handbook

In Michigan the legal term used for sexual assault or rape is Criminal Sexual Conduct (CSC). The following information provides definitions of CSC and the potential consequences. A link to the current legal definitions relating to CSC may be found here. If the perpetrator is charged with one of these crimes, an advocate at the local rape crisis center can help you better understand the charges and the criminal justice process.

Definitions:
Penetration includes vaginal, anal or oral intercourse or putting a finger or other object into another person’s anal or genital opening. Emission of semen is not required.

Sexual Contact is defined as the intentional touching of the victim’s or actor’s intimate parts or the clothing covering those intimate parts for the purpose of sexual arousal or gratification, done for a sexual purpose or in a sexual manner, or done in a sexual manner for revenge or to inflict humiliation or out of anger.

Mentally incapable means a mental disease or defect makes the victim incapable of understanding the nature of his/her conduct.

Mentally incapacitated means the victim is temporarily incapable of appraising or controlling his/her conduct due to the influence of a narcotic, anesthetic or other substance administered without consent or due to any other act committed upon the victim without consent.

Physically helpless means the victim is unconscious, asleep, or for any other reason physically unable to communicate unwillingness to act.

 

The section that follows lists the possible criminal charges and penalties in the first column. These charges could be filed for the action specified (penetration or other sexual contact) in any of the circumstances listed. To access the laws relating to first, second, third, or fourth degree CSC, replace 520a in the link list above with 520b, 520c, 520d or 520e respectively.

According to Michigan law, people who are drugged, incapacitated, or under the age of 16 are deemed unable to give consent.

Updates and Other Related Offenses:  Effective August 28, 2006, 2006 MCL 750.520b was amended to add general sentencing provisions applicable to first-degree criminal sexual conduct (CSC-1) convictions and to provide specific penalties for certain CSC-1 offenses involving an offender age 17 years or older and a victim under the age of 13. In addition, effective August 24,2006, 2006 PA 162 added a new chapter to the Penal Code-Chapter LXCIIA contains a group of new crimes- Human Trafficking involving forced labor or services, criminal sexual conduct and child sexually abusive activity. Refer to the Michigan Judicial Institute website for a downloadable copy of Sexual Assault Benchbook and
subsequent updates.

First Degree CSC: Up to life and lifetime electronic monitoring if not in prison.
Includes penetration.
1. Victim is less than 13 years old.
2. Victim is 13, 14, or 15 years old and assailant is a member of the household.
3. Victim is 13, 14, or 15 years old and assailant is related to the victim by blood or marriage.
4. Victim is 13, 14, or 15 years old and assailant is in a position of power or authority and uses that authority to coerce the victim to submit.
5. Victim is 13, 14, or 15 years old and assailant is a teacher, substitute teacher, or administrated of the school or school district in which the victim is enrolled.
6. Victim is 13, 14, or 15 years old and assailant is an employee or contractual service provider of the school or school district in which the victim is enrolled, or is a Federal, State of Michigan, or local unit of government employee assigned to provide any service to that school or school district or is a volunteer who is not a student and the assailant uses that status to gain access to, or to establish a relationship with the victim.
7. Another felony is committed.
8. Assailant is aided and abetted by one or more other people and victim is known to be physically helpless, mentally incapable, or mentally incapacitated.
9. Assailant is aided and abetted by one or more other people and force or coercion are used.
10. Assailant is armed with a weapon.
11. Assailant uses force or coercion and causes personal injury to the victim.
12. Assailant causes personal injury to the victim and knows that the victim is physically helpless, mentally incapable, or mentally incapacitated.
13. Victim is physically helpless, mentally incapable, mentally disabled, or mentally incapacitated and the assailant is related to the victim by blood or marriage or is in a position of authority over the victim and uses that authority to coerce the victim to submit.

Second Degree CSC: Up to 15 years and lifetime electronic monitoring if not in prison.
Includes sexual contact.
All of the circumstances listed above under CSC 1 apply and also
1. Victim is under the jurisdiction of the Department of Corrections and the assailant is an employee, volunteer, or contractual employee of the Department of Corrections and knows that the victim is under the jurisdiction of the Department of Corrections.
2. Victim is under the jurisdiction of the Department of Corrections and the assailant is an employee, volunteer, or contractual employee of a private vendor that operates and youth correctional facility and knows that the victim is under the jurisdiction of the Department of Corrections.
3. Victim is a prisoner or probationer under the jurisdiction of a county and the assailant is an employee, contractual employee, or volunteer of the county or the Department of Corrections who knows the victim is under the jurisdiction of the county.
4. Victim is detained by a court in a facility while the victim is awaiting trial or a hearing, or is committed to a facility, having been found responsible for committing an act that would be a crime if committed by an adult, and the assailant is an employee, contractual employee, or a volunteer with the facility in which the victim is detained or committed.

Third Degree CSC: Up to 15 years in prison.
Includes Penetration.
1. Victim is 13, 14, or 15 years old.
2. Force or coercion is used to accomplish the sexual penetration.
3. Victim is physically helpless, mentally incapable, or mentally incapacitated.
4. Victim is related to assailant by blood or marriage (except if the victim and assailant are married), and the act occurs under circumstances not otherwise prohibited in the CSC act.
5. Victim is 16 or 17 years old and is a student and is not emancipated and is not married to assailant. Assailant is a teacher, substitute teacher, or administrated of the school or school district in which the victim is enrolled.
6. Victim is 16 or 17 years old and is a student and the assailant is an employee or a contractual service provider of the school or school district in which the victim is enrolled, or is a Federal, State of Michigan, or local unit of government employee assigned to provide any service to that school or school district or is a volunteer who is not a student and the assailant uses that status to gain access to, or to establish a relationship with the victim.
7. Victim is 16 through 25 years old and is receiving special education services and the victim is enrolled, or is a Federal, State of Michigan, or local unit of government employee assigned to provide any service to that school, or school district, or is a volunteer who is not a student and the assailant uses that status to gain access or, or to establish a relationship with the victim.

Fourth Degree CSC: Up to two years in prison and/or up to $500 fine.
Includes sexual contact.
1. The victim is 13, 14, or 15 years old and the assailant is 5 or more years older than the victim.
2. Force or coercion is used to accomplish the sexual contact.
3. When the assailant engages in the medical treatment or examination of the victim in a manner or for purposes which are medically recognized as unethical or unacceptable.
4. The assailant knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
5. The assailant is related to the victim by blood or marriage and the sexual contact occurs under circumstances not otherwise prohibited by the CSC law.
6. Assailant is a mental health professional and the act occurs during 2 years after the victim was a client and the victim and client are not married.
7. The assailant is 16 or 17 years old and a student at a school and is not emancipated and is not married to assailant. Assailant is a teacher, substitute teacher, or administrated, or is an employee or a contractual service provider of the school or school district, or is a Federal, State of Michigan, or local unit of government employee assigned to provide any service to that school or school district, or is a volunteer who is not a student of the school or school district in which the victim is enrolled and the assailant uses that status to gain access to, or to establish a relationship with the victim.
8. Victim is 16 through 25 years old and is receiving special education services and the victim and assailant are not married and assailant is a teacher, substitute teacher, or administrated, or an employee or a contractual service provider or the school or school district in which the victim is enrolled, or is a Federal, State of Michigan, or local unit of government employee assigned to provide any service to that school or school district, or is a volunteer who is not a student of the school or school district in which the victim is enrolled and the assailant uses that status to gain access to, or to establish a relationship with the victim.

Second or subsequent offense

Assault with intent to commit criminal sexual conduct

Corroboration of victim's testimony not required

Resistance by victim not required

Evidence of victim's sexual conduct

Suppression of names and details

Legal spouse as victim