Sexual assault is the forcing or coercion of an individual to engage in non-consensual sexual penetration or sexual contact. In Michigan, sexual assault and other crimes related to sexual assault are called crimes of sexual conduct also known as CSC.
CSCs are classified into different degrees based upon the severity of the offenses and the relationship between offender and victim. Those classifications are: CSC 1; CSC 2; CSC 3; and CSC 4.How are the Degrees Determined?
CSC in the first and third degree consists of an individual who engages in sexual penetration with another person. The more severe the sexual penetration consists of or the type of relationship the offender and victim have will determine if one is charged as CSC in the first or third degree.
An example of CSC 1 is when a defendant uses force or coercion to harm their victim. The most common example is to force someone to have sex again their will while the victim tried to fight off the assault.
Another example is as follows: An individual meets a female. The female and the male go back to an apartment and start to have sexual interaction. During the encounter, the female tells the male to stop and she has withdrawn her consent. The male continues to engage in intercourse against the will of the victim. This is CSC 1 and has a mandatory 25-year sentence and can end up providing a sentence of life in prison.
CSC 3 comes in a variety of fashions but in Michigan, the most common issue of CSC 3 is our state’s version of statutory rape. If someone is under the age of 16 in Michigan, they cannot consent to sex. The most common example today is as follows: An 18-year old senior in high school has consensual sex with a 14 or 15 year-old freshman. That 18 year-old can be charged with CSC 3 which is a 15-year felony.
CSC in the second and fourth degree consists of an individual who engages in sexual contact with another person. The more severe the sexual contact consists of or the type of relationship the offender and victim have will determine if one is charged as CSC in the second or fourth degree.
A prime example of CSC 2 is a male grabbing the breasts of a female without her consent. This is only charged as a CSC 2 because there is no penetration.
This would be more of a touching that was not overly forceful. This is a lesser included crime of CSC 2.
It is often seen when an offender is charged with a CSC 1 they will also be charged with a CSC 3 because they both consist of sexual penetration with another person. The same thing can be said with regards to CSC 2 and CSC 4 being brought together against an offender because they both consist of sexual contact with another person.