Second-degree criminal sexual conduct is the harshest charge that exists when it comes to acts of unwanted sexual contact. It involves the unwanted touching of sensitive areas (private parts) of the body including the intentional touching of the accuser’s intimate parts or the intentional touching of the clothing covering the immediate area of the accuser”s intimate parts. In other words, if there is no sexual penetration, just unwanted touching, a sex offender will be charged with criminal sexual conduct second degree. If you have been charged, or are under investigation for 2nd-degree CSC, contact our experienced Michigan sex crimes lawyers right away, we can help you now.
One of the major reasons why the law provides four different degrees of criminal sexual conduct was to differentiate between sexual acts which affected only the body surfaces of the alleged victim (CSC 2nd degree and/or CSC 4th degree) and those which involved intrusion into the body cavities (CSC 1st degree and/or CSC 3rd degree).
The defining difference between unwanted sexual penetration and unwanted sexual contact is the intrusion into the alleged victim’s body, defined as penetration. The major difference between criminal sexual conduct second degree and criminal sexual conduct fourth degree is age. If the accuser claims to have been touched when he/she was under 13 years old, you will be charged with second-degree criminal sexual conduct. If the accuser claims to have been touched when he/she was 13–15 years old and you are five or more years older than the accuser, you will be charged with criminal sexual conduct 4h degree.
According to the Michigan Penal Code (MCL 750.520c), if your actions or the actions the accuser claims you made, match any of the following circumstances, you may be charged/investigated for CSC 2nd Degree:
Q: What if I touched the accuser’s breast or vagina by accident? Do I have to intend to touch the accuser’s private areas to be charged with criminal sexual conduct second degree?
A: If you accidentally touched the accuser’s private areas, there is still a possibility that you may be charged with criminal sexual conduct second degree. The surrounding circumstances that are given to the police, by the accuser, may be enough to show that when you touched the accuser’s private parts your actions were not accidental.
Q: What if my penis accidentally touched my seven-year-old little sister’s butt while we were playing Truth or Dare? Can I be charged with second-degree criminal sexual conduct?
A: If your penis touched your little sister’s butt while playing Truth or Dare, the facts surrounding the incident will play a big role in whether or not you will be charged with second-degree criminal sexual conduct. If you say it was accidental and the accuser says he/she never wanted to be touched sexually by you, you can be charged with second-degree criminal sexual conduct.
Q: I only dragged my fingers across her vagina on the outside of her clothes, why am I being charged with second-degree criminal sexual conduct?
A: You are being charged with second-degree criminal sexual conduct because whether you touch her on her skin or the clothing that covers her vagina, both are considered sexual contact with an intimate part.
Q: I touched her vagina by accident. I didn’t do it for sexual gratification, so why am I charged with second-degree criminal sexual conduct?
A: This is a common question asked by many. To charge you with criminal sexual conduct second degree, the state is not required to prove that you had an actual sexual purpose for touching her intimate parts. They only need to show that the sex crime contact could be construed as having been done for sexual gratification. Oftentimes, the state can show or prove that by looking at the circumstances that occurred before, during, or after the touching.
Q: If I am being accused of “penetration”, why am I only being charged with CSC 2nd degree?
A: It is common for the prosecutor to charge a lesser degree of criminal sexual conduct to secure a plea. In other words, although the accusations involve penetration, there may be a benefit to the prosecutor to initially charge a lesser sex crime, which in turn is a benefit for you. Beware, the prosecution has the legal right to change the charges at any time during the investigation and/or the criminal process. So that a CSC 2nd degree can quickly be changed to a CSC 1st degree.
Q: Why am I charged with CSC 2nd degree when the accuser is not an adult?
A: The law in Michigan allows for sex offender charges to be elevated to a higher degree of criminal sexual conduct if certain facts apply. For example, if the accuser claims that he or she is experiencing “extreme” mental anguish, such as a need for psychiatric care or the inability to live a normal life, due to your sex crime contact actions, a charge of CSC 4th degree can be elevated to CSC 2nd degree. It is not enough to simply show that the accuser was “upset” by your actions to raise such a charge to CSC 2nd degree. Being “upset” does not establish the mental anguish necessary to constitute the personal injury element of CSC 2nd degree.
Q: What if I were intoxicated and didn’t mean to touch her intimate parts?
A: Intoxication is never a defense to a CSC charge, especially CSC in the 2nd degree. Since CSC 2nd degree requires only a general intent, voluntary intoxication is simply not a defense for CSC 2nd degree.
For you to get formally charged by the state with criminal sexual conduct in the second degree, with a child under the age of 13, the child must disclose some type of sexual touching during a forensic interview, done at a Child Advocacy Center (ex: Care House, Kids Talk, etc.).
If no forensic interview is performed, then the state cannot charge you with a sex crime.
Legally, the child cannot touch you, and you cannot touch the child. Even though you may believe he/she was the aggressor, there is no such thing as using his/her consent as a defense to second-degree criminal sexual conduct. Put simply, there is NO defense to touching a person’s private parts who is under the age of 16.
The only defense against touching a child, under or over their clothes, on their private parts is that it never happened. In other words, the child is lying. Calling a child a liar is not the easiest of tasks. Most people have the propensity to believe a child would not say they were sexually molested unless they truly were sexually molested. It takes a very skilled criminal defense lawyer, who has been trained in the art of questioning a child, to effectively raise the defense that the child is not telling the truth.
Questioning a witness who is a child takes special skills and knowledge. Imagine how intimidating it is for a child to take the stand and then get attacked by the defense attorney because that criminal defense lawyer has no formal training on how to properly have the child admit to falsehoods. The jury will hate the criminal defense lawyer and, more importantly, the jury will in turn hate you.
That is why you must call Michigan Criminal Sexual Conduct Lawyer Nicole Blank Becker now!
When coming up with a defense to CSC 2nd degree, certain defenses will never be allowed in court:
If you find yourself or a loved one facing an investigation or charges linked to CSC 2nd degree, immediate action is paramount. Contact criminal sexual conduct attorney Nicole Blank Becker without delay. The moment a detective reaches out for your statement, exercise your right to legal representation. Resist the urge to engage and demand to consult with Nicole Blank Becker first.
With Blank Law, PC by your side, you’ll receive comprehensive guidance through every phase of the legal process, ensuring you’re fully informed and vigorously represented. Given the severe consequences of CSC 2nd-degree charges, including a permanent criminal record, entrusting your case to Michigan criminal sexual conduct lawyer, Nicole Blank Becker, ensures your future isn’t left to chance with just any attorney. Contact Blank Law, PC today and get a free consultation.
