Fifteen Myths About Michigan Sex-Crime Cases

Several beliefs about sex-crime cases do not match Michigan law. The testimony of a victim need not be corroborated in a criminal sexual conduct prosecution, 16 is not the line in every situation, and a sexual assault medical forensic examination cannot be conditioned on cooperating with law enforcement.^[1][10][6] This page takes fifteen such beliefs one at a time: the belief, what Michigan law provides, the source, and the guide that covers the subject in full. It is general legal information, not advice about any person's case.

If you are in immediate danger, call 911. The National Sexual Assault Hotline of the Rape, Abuse & Incest National Network is 800-656-HOPE (800-656-4673).^[11][12] Michigan's VOICES4 hotline has advocates available by call or text at 1-855-864-2374, and the state describes it as available 24/7, confidential and anonymous.^[13]

The beliefs are stated neutrally and could be held by anyone: a person accused, a person who has been assaulted, a relative or a juror. Where a rule changed recently, the date is given; the full list of changes is in the timeline of recent changes.

What counts as a crime

Myth 1: "Michigan law uses the word rape"

The belief. A Michigan charge will say "rape" or "sexual assault," and the law covers only intercourse.

The law. Michigan's statutes do not use "rape" or "sexual assault" as the name of the crime. The offense is criminal sexual conduct, charged in degrees under the Criminal Sexual Conduct Act.^[14] The first and third degrees require sexual penetration, and the second and fourth degrees require sexual contact.^[15] "Sexual penetration" is defined more broadly than intercourse: it includes any intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body.^[16] The law was written to be sex-neutral.^[17]

Detailed guide: Is rape a crime under Michigan law? and Sexual penetration vs. sexual contact.

Myth 2: "Sixteen means it is always legal"

The belief. Once a person turns 16, no age-based charge is possible.

The law. The Sexual Assault Benchbook states that a person under 16 is legally incapable of consenting to a sexual act.^[18] But 16 is not the end of the matter. The third- and fourth-degree CSC statutes have provisions for a 16- or 17-year-old student and teachers or other staff of the student's school, for a person aged 16 to 25 who is receiving special education services and staff of the school providing them, and for a resident aged 16 or older of a child care organization or foster home and its staff or licensed operator.^[10] For a teacher, substitute teacher or administrator of the student's school, sexual penetration with a 16- or 17-year-old student is third-degree CSC unless the student is emancipated; for other school employees, contractors and volunteers the statute adds that the actor used that status to gain access to or establish a relationship with the student.^[3] The subparagraph lists no force-or-coercion element and does not mention consent, and the sources reviewed do not settle whether consent can be raised under it.^[3][19] Images are a separate subject: in the child sexually abusive material statute, "child" means a person under 18.^[20]

Detailed guide: The age of consent in Michigan and Position of authority and CSC.

Myth 3: "A reasonable mistake about age is a defense"

The belief. An honest, reasonable mistake about the other person's age is a defense.

The law. The Sexual Assault Benchbook states the rule from People v Cash (Michigan Supreme Court, 1984): Michigan does not recognize a reasonable-mistake-of-age defense in cases of statutory rape. In that case the defendant was convicted of third-degree CSC for intercourse with a 15-year-old who had told him she was 17.^[21] In Cash the Court said the actual, and not the apparent, age of the complainant governs in statutory rape offenses.^[22] Cash involved a complainant under 16; the sources reviewed do not address a mistake about age under the provisions for 16- and 17-year-old students. The rule is different for charges that depend on the complainant being mentally incapable, mentally incapacitated or physically helpless. For those, the prosecutor must show that the accused knew or had reason to know of the condition, judged by what would be apparent to a reasonable person.^[23]

Detailed guide: Mistake of age is not a defense.

Myth 4: "Close in age is a defense"

The belief. Michigan has a "Romeo and Juliet law" that protects teenagers who are close in age from being charged.

The law. The CSC statutes contain no close-in-age defense to a charge. Sexual penetration with a person aged 13 to 15 is third-degree CSC on proof of age alone, with no minimum age for the accused and no age-gap requirement.^[24][25] An age-gap element does appear in fourth-degree CSC: sexual contact with a person aged 13 to 15 is an offense on age alone only if the actor is 5 or more years older.^[26] Close-in-age relief exists on the registry side. A court must grant a properly filed petition to end registration if it finds the conviction resulted from a consensual act, the victim was 13 to 15, and the petitioner is not more than 4 years older.^[27]

Detailed guide: Michigan's "Romeo and Juliet" law and Statutory rape laws.

Myth 5: "You have to fight back for it to count"

The belief. Unless the person physically resisted, the law does not treat what happened as an assault.

The law. MCL 750.520i states that a victim need not resist the actor.^[2] "Force or coercion" is also wider than physical violence. The statute's list includes actual physical force, a threat of force or of future retaliation that the victim believes the actor is able to carry out, medical treatment or examination done in a manner or for purposes medically recognized as unethical or unacceptable, and overcoming the victim through concealment or by the element of surprise.^[28] The list is not exhaustive: the statute says force or coercion "includes, but is not limited to" those circumstances.^[29] A person who is unconscious, asleep, or otherwise physically unable to communicate unwillingness is "physically helpless" under the statute.^[30]

Detailed guide: Force or coercion under Michigan CSC law and Consent under the CSC law.

Myth 6: "Sexual harassment is always a crime"

The belief. Any conduct that amounts to sexual harassment can be reported to the police and prosecuted as such.

The law. "Sexual harassment" is a civil-rights term in Michigan. The Elliott-Larsen Civil Rights Act treats it as a form of sex discrimination and defines it as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature under listed conditions.^[31] That act covers employers with 1 or more employees.^[32] The Michigan Department of Civil Rights states that complaints may be filed in state court within three years, and without first filing with the department.^[33]

The same conduct can also be a crime when it meets the elements of a criminal statute. Sexual contact accomplished by force or coercion, including contact achieved through concealment or by the element of surprise, is fourth-degree CSC.^[34] A willful course of repeated or continuing harassment can be stalking.^[35] Maliciously using a telecommunications service with intent to terrorize, frighten, intimidate, threaten, harass, molest or annoy another person, by using vulgar, indecent, obscene or offensive language in a conversation or message, is a separate misdemeanor.^[36] Whether particular conduct is a crime, a civil wrong, both or neither depends on those separate definitions.

Detailed guide: Is sexual harassment a crime in Michigan? and Workplace sexual harassment law.

Evidence and proof

Myth 7: "One person's word is not enough for a case"

The belief. Without DNA, an injury or a second witness, a prosecutor cannot bring a case and a jury cannot convict.

The law. MCL 750.520h provides that the testimony of a victim need not be corroborated in a CSC prosecution.^[1] As the benchbook quotes the Court of Appeals, it is a well-established rule that a jury may convict on the uncorroborated evidence of a CSC victim.^[37]

The rule does not tell jurors to accept the testimony. The model instruction says other evidence is not necessary "if that testimony proves guilt beyond a reasonable doubt," and its use note calls it a permissive instruction.^[38] The accused is presumed innocent, the prosecutor must prove each element beyond a reasonable doubt, and the defendant is not required to prove innocence or to do anything.^[39] Credibility is a question for the jury.^[40]

Detailed guide: One-witness cases and corroboration.

Myth 8: "Passing a polygraph ends the case"

The belief. A person accused of CSC who passes a lie detector test will have the charge dismissed, or can make the complainant take one.

The law. Under MCL 776.21(5), a defendant who allegedly has committed first- to fourth-degree CSC or assault with intent to commit CSC must be given a polygraph examination if the defendant requests it.^[41] The section does not provide that a charge is dismissed because of a result.^[42] Testimony about a defendant's polygraph examination is not admissible in a criminal prosecution.^[43] What the statute does require is notice: a law enforcement officer must inform the victim when the accused has voluntarily taken a polygraph and the test indicates that the person may not have committed the crime.^[44]

As for the complaining witness, a law enforcement officer may not request or order a CSC victim to take a polygraph, and may not inform the victim of the option unless the victim asks about such a test or the notice provision above applies.^[45]

Detailed guide: Polygraph tests in CSC cases and Who decides to charge a sex crime.

Penalties and the registry

Myth 9: "It's only a misdemeanor"

The belief. The lowest degree of criminal sexual conduct is a minor charge, handled like any other low-level case.

The law. The statute does label fourth-degree CSC a misdemeanor, but the maximum is imprisonment for 2 years, a fine of up to $500, or both.^[4] The Code of Criminal Procedure defines a felony as an offense punishable by imprisonment for more than 1 year, so fourth-degree CSC falls within that definition for procedural purposes.^[5] The case goes to circuit court for trial, because district court tries only misdemeanors punishable by not more than 1 year.^[46] It is scored under the sentencing guidelines as a Class G offense.^[47]

Under the current registry act a fourth-degree conviction is a Tier I, Tier II or Tier III offense depending on the ages involved, which means registration for 15 years, 25 years or life.^[48][8] A fourth-degree conviction entered on or after January 12, 2015 cannot be set aside.^[49]

Detailed guide: Fourth-degree CSC and the penalties chart.

Myth 10: "The registry is for life for everyone"

The belief. Every person convicted of a sex offense in Michigan registers for life and appears on the public website.

The law. Registration length depends on the tier. A Tier I offender must comply for 15 years, a Tier II offender for 25 years and a Tier III offender for life.^[8] The reporting schedule differs too: Tier I registrants verify in person once a year, Tier II twice and Tier III four times.^[50] Not everyone is on the public website. A person registered solely for a single Tier I offense is kept off it, with listed exceptions.^[51] The public website also must not show a registrant's tier.^[52]

Some registrants can ask a court to end registration. A Tier I offender may petition after 10 or more years if the statutory conditions are met.^[53] The statute gives Tier II offenders no petition of that kind; a Tier III offender may petition only under the provision for juvenile adjudications or, like any tier, on the consensual-act and related grounds.^[54]

Detailed guide: How long registration lasts, SORA tiers and The public and non-public registry.

Myth 11: "I can ignore the registry now"

The belief. After the 2026 court rulings, registration is no longer enforceable in Michigan.

The law. The rulings are narrower than that. On September 9, 2026, the Michigan Supreme Court held in People v Smith that the 2021 act may not be applied to registrants whose offenses occurred before the 2011 amendments.^[9] The Michigan State Police stated that people registered solely for a Michigan offense committed before July 1, 2011 will be removed and have no further duty to register, report or verify in Michigan.^[55] For people registered because of another state's requirement, the State Police have stated a similar position for conduct before July 1, 2011, but that is an agency statement and not a court holding, and the federal ruling on non-Michigan convictions is stayed on appeal.^[56][57]

That is not everyone. For an offense committed while the 2011 act was in effect, the Court of Appeals in People v Shannon (May 27, 2026) rejected cruel-or-unusual and ex post facto challenges to registration.^[58] The State Police have said that further litigation, including a federal appeal argued on July 21, 2026, may affect people required to register for offenses committed on or after July 1, 2011.^[59] For a person who is required to register, a willful violation of the act is a felony punishable by up to 4 years, 7 years with one prior conviction, or 10 years with two or more.^[60] Federal law separately requires a sex offender to register in each jurisdiction where he or she resides, is employed or is a student, and a knowing failure to register by a person covered by the federal offense is punishable by up to 10 years.^[61][62]

Detailed guide: The SORA court rulings and Failure-to-register penalties.

Reporting, exams and other systems

Myth 12: "After a few days it is too late for an exam or a prosecution"

The belief. A person has only a few days to report to police, and after that no examination or prosecution is possible.

The law. Three different clocks get mixed together. First, the hospital's duty: if a person tells hospital staff that he or she was the victim of criminal sexual conduct within the preceding 120 hours, staff must immediately say that a sexual assault medical forensic examination, including an evidence kit, is available.^[63] Second, the examination does not depend on a police report at all.^[6] A kit that the patient has not released to police must be stored for at least 1 year before it is destroyed, and the facility must explain how to release it later.^[64]

Third, the time limit for filing criminal charges is measured in years. There is no time limit for first-degree CSC.^[65] For second- or third-degree CSC committed on or after April 2, 2025, charges may be filed within 15 years or by the alleged victim's 42nd birthday, whichever is later.^[66] For those offenses committed before that date the 2018 periods apply: 15 years or the 28th birthday where the victim was under 18, and otherwise 10 years or the 21st birthday, whichever is later.^[67] For fourth-degree CSC and assault with intent, the period is 10 years or the 21st birthday, whichever is later.^[68]

Detailed guide: The sexual assault forensic exam, Delayed reporting and Statute of limitations for sex crimes.

Myth 13: "A forensic exam requires a police report"

The belief. A hospital will only do a forensic examination if the patient agrees to talk to the police.

The law. A victim of sexual assault "shall not be required to participate in the criminal justice system or cooperate with law enforcement as a condition of being administered a sexual assault medical forensic examination."^[6] The examination and kit are performed only if the individual consents.^[63] Releasing the kit to police is a separate decision that requires the patient's written consent; when a facility has that consent, it must notify the law enforcement agency within 24 hours.^[69]

Detailed guide: The sexual assault forensic exam and Options for reporting sexual assault.

Myth 14: "You'll be billed for the exam"

The belief. A forensic examination will produce a hospital bill or an insurance statement that family members will see.

The law. A health care provider may not bill the victim for any portion of the cost of a sexual assault medical forensic examination, including an insurance deductible or co-pay, a denied claim, or any other out-of-pocket expense.^[7] The provider must also tell the patient, orally and in writing, that no claim will be sent to an insurer without express written consent, and that the patient may decline if a claim would substantially interfere with personal privacy or safety.^[70] If reimbursement cannot be obtained from the victim's insurance or insurance is unavailable, the provider may seek payment from the state's crime victim services commission, from another entity other than the victim, or both.^[71] The commission pays a provider not more than $1,200 for the examination.^[72]

Detailed guide: The sexual assault forensic exam and Crime victim compensation.

Myth 15: "The school process and the criminal case are the same thing"

The belief. A Title IX complaint is a criminal charge, a school finding is a conviction, and one process has to wait for the other.

The law. They are separate systems with different definitions, decision-makers and standards. The Title IX regulations use their own definition of sexual harassment.^[73] A school chooses either the preponderance of the evidence standard or the clear and convincing evidence standard.^[74] A criminal conviction requires proof beyond a reasonable doubt.^[39] A school's process must presume the respondent is not responsible until a determination is made at the end of the process.^[75]

Concurrent law enforcement activity is listed only as an example of good cause for a temporary delay of the school's process.^[76] A college must tell a victim in writing of the options to notify law enforcement, to be assisted in doing so, or to decline to notify.^[77] A school's no-contact restriction is a supportive measure, not a court order; a personal protection order is an injunctive order issued by the family division of circuit court.^[78] The civil courts are a third system: a person can sue for damages caused by criminal sexual conduct whether or not a criminal case was brought or ended in a conviction.^[79]

Detailed guide: Title IX and criminal charges at the same time, The Title IX process and Criminal case vs. civil case.

Three things to check before relying on a statement about Michigan law

The first is vocabulary: everyday words such as "rape" and "sexual harassment" do not match the names Michigan's criminal statutes use.^[14][31] The second is change: the definition of "mentally incapacitated" was rewritten effective October 10, 2023, the limitations period for second- and third-degree CSC changed for offenses on or after April 2, 2025, and the reach of the registry changed on September 9, 2026.^[80][66][9] The third is rules borrowed from other places: Michigan's rape-shield protection is a statute, MCL 750.520j, and the Michigan Rules of Evidence contain no Rule 412.^[81][82]

Definitions of the terms used on this page are in the glossary. A general overview of the degrees is in Michigan criminal sexual conduct law.