Rape Defense Attorney Grand Rapids Michigan

Short answer: Michigan abolished the offense of rape in 1974 and replaced it with criminal sexual conduct. An allegation people describe as rape is charged as CSC 1st degree (MCL 750.520b) or CSC 3rd degree (MCL 750.520d), depending on the circumstances, carrying up to life or up to 15 years respectively.

The Terminology Changed for a Reason

Michigan replaced its rape statute with the criminal sexual conduct framework in 1974. The change did more than rename the offence: it made the statute gender-neutral, eliminated the requirement that a complainant physically resist, removed the corroboration requirement, and graded the offence by conduct and circumstance rather than by a single label.

For someone facing an accusation the practical meaning is this: which degree gets charged determines whether you are looking at a 15-year maximum or a life maximum, and whether a 25-year mandatory minimum is in play. That determination is made early, and it can be influenced.

What the Prosecution Has to Prove

In every case: sexual penetration as defined in MCL 750.520a, plus the specific aggravating circumstance alleged. Penetration is defined broadly and does not require injury or completion.

What the prosecution does not have to prove is often what surprises people most. There is no requirement that the complainant resisted. There is no requirement of corroborating evidence — Michigan law permits a conviction on the complainant’s testimony alone. And there is no requirement of prompt reporting.

That is precisely why these cases must be defended on the details rather than on assumptions about how a "real" victim behaves. Juries have heard those assumptions and rejected them. What juries do respond to is a documented timeline that does not fit the accusation.

Building the Defence

The approach in these cases is consistent, and it starts the day I am retained:

Preserve. Preservation letters for video, phone records, and social media before they are lost. This is time-critical and routinely neglected.
Use the preliminary examination. Locking the complainant and the investigating officer into sworn testimony early is the foundation for everything at trial.
Independent forensic review. A sexual assault examination documents contact. It does not establish lack of consent, and the difference must be made clear.
Investigate the accusation itself. When it was first made, to whom, in what words, and what was happening in the complainant’s life at that moment.
Litigate the constitutional issues. Statements taken without warnings, searches without warrants, and improper identification procedures.
Prepare rape shield motions correctly and on time, so admissible evidence is not forfeited on a deadline.

Talk to Someone Before You Talk to Anyone Else

If you are under investigation but not yet charged, that window is the most valuable one you will get. It is when a case can be redirected, when a charging decision can be influenced, and when evidence still exists.

It is also when most people damage their own case — by giving an interview, by contacting the complainant to "clear things up", or by deleting messages out of panic. Do none of those things. Call me at 616-438-6719. I answer directly, at any hour.

Rape Charges in Michigan: What You Are Really Facing — Frequently Asked Questions

Is rape a charge in Michigan?

Not by that name. Michigan replaced rape with criminal sexual conduct in 1974. These allegations are prosecuted as CSC 1st degree under MCL 750.520b or CSC 3rd degree under MCL 750.520d.

What is the sentence for rape in Michigan?

CSC 1st degree carries up to life in prison, with a 25-year mandatory minimum where the complainant was under 13 and the accused was 17 or older. CSC 3rd degree carries up to 15 years.

Does the complainant have to have resisted?

No. Michigan eliminated the resistance requirement when it adopted the criminal sexual conduct framework in 1974.

Can I be convicted on one person’s word alone?

Yes. Michigan law does not require corroboration, which is why these cases must be defended with timelines, digital records, and inconsistencies rather than assumptions.

Does a delay in reporting help my defence?

It can be relevant, but prompt reporting has never been required and prosecutors will present expert testimony explaining delayed disclosure. It is one thread in a defence, not a defence by itself.

I have not been charged yet. Should I wait?

No. The pre-charge window is when the most can be accomplished — influencing the charging decision and preserving evidence. Call 616-438-6719 before you speak to anyone.

Talk to Me Before You Talk to Anyone Else

If you are under investigation or have been charged, the decisions you make in the first days matter more than almost anything that happens later. Do not speak to police, do not contact the complainant, and do not delete anything. Call me at 616-438-6719 — the consultation is free and I answer 24/7, across Kent, Ottawa, Allegan, Barry, Ionia, Muskegon, Newaygo and Van Buren counties.

Rape Charges in Michigan: What You Are Really Facing