But just reading that statute alone may leave you with many questions. We're going to answer that question here in simple terms, and you won't find the law just copied and pasted here. This explanation is common-sense. As with any Criminal Sexual Conduct topic, the use of graphic terms may be necessary to fully explain. To begin with, CSC 3 always contains an act of "sexual penetration," and it includes but is not limited to what is often referred to as common-law "rape.
The Difference Between 1st, 2nd, 3rd and 4th Degree CSC
Michigan Third Degree Criminal Sexual Conduct Lawyer
Call Now for Your Free Consultation! Criminal sexual conduct in the third degree is an extremely serious charge in Michigan. A conviction could irreversibly change your life forever. Third degree criminal sexual conduct includes more than what we think of as "rape. Aside from physical or scientific evidence, nothing can hurt you more than your own words. Police are skilled at interrogation tactics.
Force or coercion includes but is not limited to any of the circumstances listed in section b 1 f i to v. It is an affirmative defense to a prosecution under this subdivision that the other person was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by a preponderance of the evidence.
A person who engages in sexual penetration with another person is guilty of criminal sexual conduct in the third degree if any of the following circumstances exists: Neither mistake as to the complainant's age nor consent to the act by the complainant shall be a defense; b the complainant is at least 13 but less than 16 years of age and the actor is more than 24 months older than the complainant. In any such case if the actor is no more than months older than the complainant, it shall be an affirmative defense, which must be proved by a preponderance of the evidence, that the actor reasonably believes the complainant to be 16 years of age or older.