Sexual Assault Defense Attorney Grand Rapids

Short answer: Michigan does not have an offense called "sexual assault." Conduct most people describe that way is prosecuted as criminal sexual conduct under MCL 750.520b through 750.520e, graded first through fourth degree. The degree depends on whether penetration occurred and which aggravating circumstances are alleged.

What You Are Actually Charged With

If you have been told you are under investigation for sexual assault in Michigan, the charge will come as criminal sexual conduct in one of four degrees. Which degree drives everything — the sentence, the registration tier, and the realistic outcomes.

The short version: penetration plus an aggravating factor is CSC 1st (up to life). Contact plus an aggravating factor is CSC 2nd (up to 15 years). Penetration in age-of-consent, force, or incapacity cases is CSC 3rd (up to 15 years). Contact by force, coercion, or incapacity is CSC 4th (a 2-year misdemeanor that still carries registration).

The First 48 Hours Matter More Than Anything Else

Almost every sexual assault case has a moment where the outcome was decided before a lawyer was hired. Usually it is the police interview.

Investigators will tell you this is your chance to explain, that they just want your side, that things will go easier if you cooperate. What actually happens is that your words get reduced to a summary written by someone building a case against you, and inconsistencies you did not know mattered become the centrepiece of the prosecution.

If you are contacted about an allegation: do not talk, do not text the complainant, do not delete anything, and do not consent to a search of your phone. Then call. Preserving your messages is often what proves consent — deleting them looks like consciousness of guilt and destroys your best evidence.

How These Cases Are Won

Sexual assault prosecutions are usually one-witness cases. There is often no independent proof of what happened in the room. That cuts both ways, and it is why preparation wins.

Consent. Where both parties were adults with capacity, consent is a complete defence — and the digital record before and after the encounter frequently establishes it.
Capacity. Intoxication is not incapacity. The legal question is whether the complainant was actually incapable of consenting and whether you knew or should have known.
Inconsistency. Accounts given to a friend, a nurse, a detective, and a prosecutor rarely match perfectly. Locking those down early, especially at the preliminary examination, builds the impeachment.
Motive to fabricate. Regret, a relationship discovered, a custody fight, immigration status, or pressure from family are real dynamics juries understand.
Forensics. A sexual assault examination confirms contact, not lack of consent. Prosecutors sometimes present it as if it proves more than it does.
Constitutional violations. Unwarned statements and unlawful searches get suppressed, and in a one-witness case suppression can end the prosecution.

Michigan’s Rape Shield Rule Cuts Both Ways

Michigan’s rape shield statute (MCL 750.520j) sharply limits evidence of a complainant’s prior sexual conduct. It has recognised exceptions — including a prior sexual relationship between the complainant and the accused, and evidence offered to show the source of semen, pregnancy, or disease — and it cannot constitutionally bar evidence essential to the defence.

Using those exceptions requires a written motion and an offer of proof, filed within the time limits. Missing that deadline forfeits the argument. It is a technical area where cases are quietly lost before trial.

Sexual Assault Defense in Grand Rapids and West Michigan — Frequently Asked Questions

Is sexual assault a crime in Michigan?

Michigan prosecutes that conduct as criminal sexual conduct under MCL 750.520b through 750.520e rather than under an offence named sexual assault. The four degrees carry very different penalties.

What should I do if I am accused of sexual assault?

Do not speak to police, do not contact the complainant, do not delete messages, and do not consent to a phone search. Call a lawyer immediately at 616-438-6719. Your messages are usually your best evidence.

Can I be charged if we were both drinking?

Yes, but intoxication is not the same as legal incapacity. The prosecution must prove the complainant was actually incapable of consenting and that you knew or reasonably should have known.

Is consent a defence in Michigan?

Yes, where the complainant was of age and had the capacity to consent. It is not a defence where the complainant was under the age of consent or was legally incapacitated.

How long does the prosecution have to charge me?

It depends on the degree. There is no limitations period for CSC 1st. Other degrees are governed by MCL 767.24, which sets time limits with extensions tied to the complainant’s age and to DNA evidence.

What if the accusation is completely false?

False allegations happen and they are defensible — but not by arguing loudly that they are false. They are beaten with timelines, digital records, witness inconsistencies, and a documented motive. That work starts the day you hire a lawyer.

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.

Sexual Assault Defense in Grand Rapids and West Michigan