We have begun discussing this crime in the article: The Elements of Sex Crimes In Michigan: Criminal Sexual Conduct In The First Degree.
Recap
We have already discussed that Criminal Sexual Conduct in the first degree has a penalty of life imprisonment.
Criminal sexual conduct in the first degree involves sexual penetration, however slight it may be. As long as there is the entry of the sexual organ to any part of the body of the minor child, there is criminal sexual conduct. (Mich. Comp. Laws Ann. § 750.520b (2018).)
Any child under the age of 13 or a child who is between the ages of 13 and 16 who has been a victim of sexual penetration from the following is considered a victim of criminal sexual conduct in the first degree:
- a member of the child’s family or household
- a teacher or in some other position of authority over the child, or
- the child’s foster care provider at the time the sexual penetration occurred.
The penalty for Criminal Sexual Conduct is the first degree in Michigan and is considered one of the strictest as it has a minimum penalty. First-degree criminal sexual conduct in Michigan carries a mandatory minimum sentence of a minimum of 25 years in prison. This means that, at the very least, perpetrators of the crime will be sentenced to a minimum of 25 years behind bars.
Proving Two Elements
There are two elements that the prosecution must prove beyond a reasonable doubt, as clearly provided in the provision – the first is the act of entry and the second are the circumstances of the crime.
The Act of Entry
The act of entry may involve any of the following acts:
- Entry into the anal opening or the victim’s genital. The entry can be of a penis, a finger, or any other object.
- Entry into the victim’s mouth by the defendant’s penis.
- Touching the victim’s genital opening with the mouth or tongue.
- Entry into any part of the defendant’s body or an object into the genital or anal opening.
Any kind of entry is enough. No matter how slight is enough to be considered as a consummation of the crime.
The Circumstances
Some circumstances must be proved by the prosecution, to wit:
- The victim was less than 13 years old at the time;
- The victim was between the ages of 13, 14, and 15 at the time
If the victim is between the ages of 13, 14, or 15 at the time of the crime, any one of the following circumstances must also occur:
- Same household – The defendant and the victim were living in the same household.
- Blood relation – The defendant and the victim are related by blood or marriage.
- Position of Authority – The defendant was in a position of authority over the victim and used that authority to coerce the victim to submit to the sex act.
- School Authority – Defendant was a teacher or administrator at a school where the victim was enrolled.
- Moral Ascendancy
- The defendant was an employee, contractual service provider, or volunteer at a school where the victim was enrolled, and the defendant used his or her status to gain access to or establish a relationship with the victim.
- The defendant was an employee, contractual service provider, or volunteer at a child-care organization that the victim was attending.
- Foster Family – The defendant was a licensed operator of a foster-family home where the victim resided.
The following circumstances must also occur:
- The defendant was assisted by another person;
- The defendant knew that the victim was mentally incapable, mentally incapacitated, physically helpless; or
- The defendant used force or coercion.
In the next part of this series, we will discuss some examples of crime.
Get Yourself a Good Lawyer
Here at Haque Legal, we always tell potential clients that the best thing that they can do in case of a case filed against them is to get themselves a good lawyer at the beginning of the proceedings. Even when you are just filling up forms or when you think that you already have a dispute, you can always get yourself a good lawyer to get started with the process
The first great thing that you can do is to make sure that you have a good guide when it comes to dealing with legalities. After all, you are fighting for your freedom and your life.
Contact Your Lawyer
If you have been involved in a criminal complaint in Michigan, you need to contact your law firm. A lawyer can help you get started with properly protecting your rights. A lawyer at Haque Legal will see to it that your needs are met from the beginning to the end of the proceedings. You are always in good hands with Haque Legal and what it has to offer.
Disclaimer:
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you are having trouble with the law about a possible charge of a sex crime or you want a lawyer to help you with the representation, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.
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