The state does NOT have to show that the accuser “ resisted ” the accused to charge the accused with First Degree Criminal Sexual Conduct and/or Third Degree Criminal Sexual Conduct.
EXAMPLE – RESIST
The accuser and the accused were married. The accuser claimed, that after years of having consensual sex, this time, after a long evening of fighting and drinking, it was not consensual. During the alleged sexual assault, the accuser never said no, never pulled away from the accused, and slept in the same bed as the accused that evening. The state was able to charge three counts of Third Degree Criminal Sexual Conduct. The state does NOT have to show that the accuser “ resisted ” in any way.
If you have been charged or are under investigation, our experienced Michigan criminal sexual conduct lawyers can help you. Contact us now.