Short answer: Criminal sexual conduct is Michigan’s replacement for rape and related offenses, defined at MCL 750.520a through 750.520e. It covers sexual penetration and sexual contact, graded into four degrees based on the act and the aggravating circumstances alleged.
Penetration Versus Contact
Everything starts with two definitions in MCL 750.520a. Sexual penetration includes any intrusion, however slight, and does not require injury or completion. Sexual contact is intentional touching of intimate parts, or the clothing covering them, that can reasonably be construed as done for a sexual purpose, revenge, humiliation, or out of anger.
That "sexual purpose" requirement matters more than people expect. Contact during bathing, dressing, medical care, or sport is not a crime, and in genuinely contested cases it is often the entire defence.
How the Degrees Work
- CSC 1st — penetration plus an aggravating factor. Up to life.
- CSC 2nd — contact plus an aggravating factor. Up to 15 years.
- CSC 3rd — penetration in age-of-consent, force, or incapacity cases. Up to 15 years.
- CSC 4th — contact by force, coercion, or incapacity. A 2-year misdemeanor that still carries registration.
What the Prosecution Does Not Have to Prove
Three things surprise nearly every client. There is no requirement that the complainant physically resisted. There is no corroboration requirement — Michigan permits conviction on one person’s testimony. And there is no requirement of prompt reporting.
That is why these cases are defended on timelines, digital records and inconsistencies rather than on assumptions about how someone "should" have behaved. See the degrees compared and the full CSC overview.
The Aggravating Circumstances That Decide the Degree
Two cases with identical physical conduct can carry a two-year maximum or a life maximum. What separates them is the list of aggravating circumstances in the statute.
Those circumstances include the complainant’s age, whether force or coercion was used, whether the complainant was mentally incapable or physically helpless, whether the accused stood in a position of authority or was a household member, whether another felony was being committed, whether the accused was armed, and whether personal injury resulted.
This is why the charging decision is worth fighting over before it is made, and why a reduction that removes a single aggravator can be worth decades.
Sentencing: The Guidelines and What Moves Them
Michigan sentences felonies using guidelines built from offence variables and prior record variables. In CSC cases the offence variables that most often drive the range concern injury, the use of force, the vulnerability of the complainant, and whether there were multiple incidents.
Those variables are scored, and the scoring is contestable. A successful challenge to a single variable can move a guideline range materially — which is ordinary, unglamorous work that changes outcomes more reliably than anything that happens at trial.
Registration Is the Consequence That Outlasts Everything
Clients focus on the custody exposure, and understandably so. But a sentence ends. Tier III registration does not, and Tier II runs 25 years.
When I evaluate an offer, the registry consequence is weighted at least as heavily as the custody exposure, because it is what determines where someone can live and work for the rest of their life. See how the tiers work.
Frequently Asked Questions
Does Michigan still have a rape charge?
No. Michigan replaced rape with criminal sexual conduct in 1974. The framework is gender-neutral, removed the resistance and corroboration requirements, and grades offences by conduct and circumstance.
Is attempted CSC a crime?
Yes. Attempt is charged under Michigan’s general attempt statute and carries substantial exposure of its own, and assault with intent to commit criminal sexual conduct is a separate offence.
What if both people were minors?
Charges are still possible. Cases usually proceed in the family division, where diversion may be available, but the exposure on paper can be serious.
Does CSC require physical injury?
No. Injury is one aggravating circumstance among several, and its absence does not prevent a charge at any degree.
How long can the prosecution wait to charge?
There is no limitations period for CSC 1st. Other degrees are governed by MCL 767.24, with extensions tied to the complainant’s age and to DNA evidence.
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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.