Sex Crimes

Being accused of a sex crime is devastating, not only to the accused, but also to their family. The mere whiff of an allegation of this type is often enough to destroy the accused’s social and professional reputation – and that’s not even taking into account the possibility of a conviction. The penalties associated with a sex crime are severe, including lengthy prison sentences and required registration on the Michigan sex offenders’ registry. Sometimes, registration can be imposed for life, which also includes restrictions on where a person can live, work, and travel.

Some sex crimes provide for life imprisonment upon conviction—and the reality is that some judges have little reservations giving out stiff sentences for these convictions, no matter the prior record of the accused. This is particularly troubling, as an accusation, without any supporting evidence other than the accuser’s word, is sufficient to bring a case to trial.

The truth is that many claims of sexual assault are at least based in truth; however, there are still a shocking number of accusations that are entirely baseless. In today’s political climate, police and prosecutors tend to pursue weak sexual assault cases as vigorously as more substantiated accusations. Even where there is no physical evidence or discernible physical injury, and where the parties are in a dating relationship—including voluntarily intoxication at the time of the alleged assault—law enforcement may still pursue and file charges. Under these circumstances, the matter devolves into a “he said – she said” criminal prosecution.

In Michigan there are four degrees of criminal sexual conduct, with 1st degree being the most severe and 4th degree being minor in comparison. The differentiation between the various degrees depends on whether force or fear is used, whether the accused took advantage of a person or their position of authority, the difference in ages between the accused and the accuser, and whether there was only sexual touching or penetration.

There are also other criminal statutes other than Criminal Sexual Conduct that relate to sexually motivated crimes, including Statutory Rape, Child Pornography, Indecent Exposure, or Prostitution and Solicitation. Other legal issues arising out of sexually related crimes revolve around the sex offenders’ registry. Charges can be filed for failing to report changes in residence, moving into an excluded area, or obtaining employment working with children.

Below is an incomplete list of the most common Michigan sex crimes that typically require registration as a sex offender.

• Criminal Sexual Conduct (CSC) Offenses
  • First Degree: MCL 750.520b
  • Second Degree: MCL 750.520c
  • Third Degree: MCL 750.520d
  • Fourth Degree: MCL 750.520e
• Assault with Intent to Commit Sexual Penetration: MCL 750.520g
• Child Sexually Abusive Activity or Material:
  • Producing, Financing, or Distributing: MCL 750.145c(2)
  • Possession with Intent to Distribute: MCL 750.145c(3)
• Using the Internet or a Computer to Commit Certain Sex Offenses: MCL 750.145d
• Accosting, Enticing, or Soliciting a Child for Immoral Purposes: MCL 750.145a
• Kidnapping a Minor: MCL 750.349
• Solicitation to Commit a Felony (for a murder or a SORA offense): MCL 750.157b
• Indecent exposure: MCL 750.335 (a second or subsequent conviction unless the victim is 18 or older)
• Sexual Delinquency: MCL 750.10a
• Failure to Register as a Sex Offender: MCL 28.729

If you have recently been arrested and charged with a Michigan sex crime, obtaining an experienced sex crimes defense attorney as soon as possible is critical to the outcome of your case. Not only that, but the Traverse City sex crimes lawyers at the Neumann Law Group are able to effectively mitigate the collateral consequence of being publicly charged with such a stigmatic crime. To learn more, and to schedule a free consultation today, give the criminal defense lawyers in Traverse City at the Neumann Law Group a call at 800-525-6386. You can also connect with us through our online contact form.