Privacy and Rights of Victims in Michigan Sex Crime Cases

Michigan gives a victim in a sex-offense case rights from three sources: the state constitution, the Crime Victim's Rights Act, and provisions written specifically for criminal sexual conduct (CSC) cases. Together they cover privacy of identity and records, notice of what is happening in the case, a chance to be heard, and protection from the accused.^[1][2][9]

If you are in immediate danger, call 911. The National Sexual Assault Hotline offers free, confidential support 24/7: call 800-656-HOPE (4673), chat at RAINN.org/hotline, or text HOPE to 64673.^[10] Michigan's VOICES4 Hotline is free, confidential and anonymous, with advocates available 24/7 by call or text at 855-864-2374.^[11]

This page lists each right with its source. It uses "victim" because the statutes do. A fuller guide written for survivors, including reporting options, is at Rights of sexual assault survivors.

What rights does the Michigan Constitution give crime victims?

Article 1, section 24 lists them and says crime victims have them "as provided by law." They are:^[1]

• The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.^[1]
• The right to timely disposition of the case following arrest of the accused.^[1]
• The right to be reasonably protected from the accused throughout the criminal justice process.^[1]
• The right to attend trial and all other court proceedings the accused has the right to attend.^[1]
• The right to confer with the prosecution.^[1]
• The rights to notification of court proceedings, to make a statement to the court at sentencing, to restitution, and to information about the conviction, sentence, imprisonment, and release of the accused.^[1]

Privacy of your name, address and image

Protection	What it does	Limits
Name suppression, MCL 750.520k	The magistrate orders the names of the victim and the accused and the details of the alleged offense suppressed.[2]	It has to be requested, and it lasts until the arraignment on the information, dismissal, or the end of the case, whichever occurs first.[2]
Address and phone number, MCL 780.758(2)	The victim's address, work address and telephone numbers are not in the court file or ordinary court documents.[12]	Exceptions exist for a trial transcript and for an address used to identify the place of the crime.[12]
Freedom of Information Act exemption for victims under 18	For a victim of criminal sexual conduct who was less than 18 when the crime was committed, the name and address and any other information that would tend to reveal identity are exempt from disclosure.[13]	It is an exemption from public-records requests.[13]
Freedom of Information Act exemption for contact details and images, MCL 780.758(3)	A victim's home address, home and work telephone numbers and work address, and any picture, photograph or other visual representation of the victim, are exempt from disclosure.[14]	The address exemption does not apply where the address is used to identify the place of the crime. An image from a court proceeding that is streamed to the public "may be blurred."[14]
Testimony about address or workplace, MCL 780.758(1)	The prosecuting attorney may move that the victim not be compelled to testify to an address, place of employment or other personal identification without consent; the hearing is held in private.[14]	It rests on the victim's reasonable apprehension of violence or intimidation by the defendant, and it is the prosecutor's motion.[14]
Closed preliminary examination, MCL 766.9	The magistrate may close the examination to members of the general public in a sex-offense case.[15]	Only on a party's motion and only if the need for protection outweighs the public's right of access, the closure is narrowly tailored, and the magistrate states the reasons on the record.[16]
Cameras in court	The judge has sole discretion to exclude media coverage of certain witnesses, including victims of sex crimes and their families.[17]	It is the judge's decision.[17]

A suppression order has a specific legal meaning. The Michigan Supreme Court has said the statute "imposes no restraints on any person" and that a suppression order contemplates a direction to court personnel to prevent public disclosure of the official files.^[18] It is not an order against the press.^[18]

Trials themselves are public. The sittings of every court are public by statute, and the accused has a constitutional right to a public trial.^[19][20] Outside a specific statute, a court may limit public access to a proceeding only if a specific interest outweighs the right of access, the limit is narrowly tailored with no less restrictive means, and the court states its reasons on the record.^[21]

Limits on what can be asked about you

Sexual history: the rape-shield statute

In a prosecution for first- through fourth-degree CSC or assault with intent to commit CSC, evidence of specific instances of the victim's sexual conduct, opinion evidence of it, and reputation evidence of it shall not be admitted unless, and only to the extent that, the judge finds the evidence falls in one of two categories, is material to a fact at issue, and that its inflammatory or prejudicial nature does not outweigh its probative value.^[3]

The two categories are evidence of the victim's past sexual conduct with the accused, and evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, or disease.^[4] A defendant who proposes to offer either kind files a written motion and offer of proof within 10 days after the arraignment on the information, and the court may hold a hearing in private.^[22]

The statute is not the whole picture. In People v Hackett, the Michigan Supreme Court recognized that evidence may have to be admitted to protect a defendant's right of confrontation, for example where it is offered for the narrow purpose of showing a witness's bias.^[23] The full rule is in Michigan's rape-shield law.

Counseling and other privileged records

A confidential communication made in connection with a consultation between a victim and a sexual assault or domestic violence counselor is not admissible as evidence in any civil or criminal proceeding without the victim's prior written consent.^[24] "Counselor" has a defined meaning here: a person employed at, or volunteering at, a sexual assault or domestic violence crisis center who in that capacity provides advice, counseling or other assistance.^[25] The statute makes an exception for what the Child Protection Law provides.^[25]

For privileged records generally, the court rule sets a threshold before a judge will even look. The defendant has to demonstrate a good-faith belief, grounded in articulable fact, that there is a reasonable probability the records are likely to contain material information necessary to the defense; only then does the trial court inspect the records in private.^[26] As of July 31, 2026 this test is in MCR 6.201(D)(2); older materials cite it as (C)(2).^[26]

If the judge finds the records contain evidence necessary to the defense and the privilege is absolute, the holder decides whether to waive it. If the holder refuses, the trial court suppresses or strikes the privilege holder's testimony.^[27] More detail is in Counseling and medical records in CSC cases.

Your phone

In People v Leonard (2026), as the Sexual Assault Benchbook describes it, the Court of Appeals said the prosecution is not required to surrender the entirety of a complainant's cellular phone data to a defendant; the trial court reviews it in private and provides only evidence that is reasonably necessary to the defense.^[28]

Polygraphs

A law enforcement officer shall not request or order a victim to submit to a polygraph examination or lie detector test, and shall not inform a victim of the option unless the victim asks.^[5] "Victim" in that statute means the victim of first- through fourth-degree criminal sexual conduct or assault with intent to commit it.^[6] The officer does inform the victim when the accused has voluntarily taken a polygraph and the test indicates that the accused may not have committed the crime.^[6]

Notice, consultation and being heard

• Written notice of rights. Not later than 7 days after the defendant's arraignment, and not less than 24 hours before a preliminary examination, the prosecuting attorney gives each victim a written notice in plain English that includes the procedural steps in a criminal case and a specific list of the victim's rights.^[9]
• Court dates. If the victim requests, the prosecuting attorney gives notice of any scheduled court proceedings and any changes in the schedule.^[9]
• Consultation. Before finalizing any negotiation that may result in a dismissal, plea or sentence bargain, or pretrial diversion, the prosecuting attorney offers the victim the opportunity to consult.^[7]
• Presence at trial. The victim has the right to be present throughout the entire trial unless he or she is going to be called as a witness; in that case the court may, for good cause shown, order the victim sequestered until first testifying, and not after.^[29]
• Impact statement. The victim has the right to appear and make an oral impact statement at sentencing, may designate another adult to make it if physically or emotionally unable, and may elect to give it remotely.^[30]
• Speedy trial. For listed victims, including victims of child abuse and of first-, second- or third-degree CSC, the prosecuting attorney may move for a speedy trial and the chief judge sets a hearing within 14 days of the motion.^[31][32] Fourth-degree CSC is not on the list.^[32]

These rights do not include control of the case. A crime victim may not determine whether the Penal Code has been violated or whether the prosecution of a crime should go forward or be dismissed.^[8] See who decides to charge a sex crime.

Protection from the accused

A court may make pretrial release conditional on the defendant complying with any condition limiting or prohibiting contact with a named person, and may make that condition effective immediately, while the defendant remains in custody.^[33] A defendant released on protective conditions under MCL 765.6b is told that a violation means arrest without a warrant and possible forfeiture or revocation of bail.^[34]

In a case charging an assaultive crime, the court may also order the defendant to wear an electronic monitoring device, and considers the likelihood that monitoring will deter the defendant from seeking to harm or threaten the victim before trial.^[35] With the victim's informed consent the court may also order that the victim be given a receptor device that signals when the defendant is within a set proximity; the victim may ask to end that participation at any time and may not be sanctioned for refusing.^[36] A separate civil order is described in Sexual assault PPOs.

Health-related rights

• A health care provider shall not submit a bill to the victim for any portion of the costs of a sexual assault medical forensic examination.^[37]
• A claim is not submitted to the victim's insurance carrier without his or her express written consent.^[38]
• A victim is not required to participate in the criminal justice system or cooperate with law enforcement as a condition of the examination.^[39]
• If the defendant is bound over on a listed offense, including any degree of CSC, and the district court finds reason to believe the violation involved sexual penetration or exposure to the defendant's body fluid, the court orders the defendant tested for sexually transmitted infection, hepatitis B, hepatitis C and HIV.^[40] On the victim's request the testing is ordered done not later than 48 hours after the information is presented and the defendant is in custody or served.^[40] If the victim consents to the court passing on his or her contact details, the person or agency doing the testing immediately provides the results to the victim and refers the victim for counseling.^[41]
• If police intend to destroy sexual assault kit evidence before the limitation period for the offense expires, the investigating agency notifies the victim in writing at least 60 days before the evidence is destroyed or otherwise disposed of.^[42]

See the sexual assault forensic exam and crime victim compensation.

What people get wrong

"The court seals everything." Name suppression has to be requested and ends at the arraignment on the information, and the trial is public.^[2][19]

"Nothing about my past can come up." The statute has two categories of exception, and the confrontation right can require more.^[4][23]

"I can drop the charges." A crime victim may not determine whether the prosecution goes forward or is dismissed.^[8]

The additional protections for young witnesses are in Child witnesses in Michigan courts, and the experience of testifying is described in What to expect as a witness. Local services are listed in Where to get help in West Michigan.