What is Attempted Rape?

There is no mention of the word “rape” being used in the Michigan Penal Code, but you should know that the Great Lakes State certainly considers the crime of attempted rape a serious one. Rape, attempted rape, and other examples of sexual assault all fall under the umbrella term of criminal sexual conduct, and getting convicted for attempted rape, i.e. assault with intent to commit sexual penetration, in Michigan, is a felony. If you are convicted of attempted rape, you will face up to 10 years in prison, as well as having to register on the Michigan Sex Offender Registry. Our sex crimes lawyers are here to help.

What is Attempted Rape?

The basic definition of attempted rape is that the alleged perpetrator intended to forcibly have sexual intercourse with their victim, but was unsuccessful for some reason. Perhaps the potential victim fought off the accused before the attempted crime could be fully committed, or the accuser left the scene because of a fear of getting caught by a witness.

Regardless of the reason, the difference between rape and attempted rape is that rape involves sexual penetration, while attempted rape involves an attempt at sexual intercourse, but no actual penetration of the victim taking place.

Does Attempted Rape Mean a Lesser Charge?

No. Under most circumstances, sexual penetration is necessary for an incident of sexual violence to rise to the level of first-degree criminal sexual conduct. Most acts of sexual assault that don’t involve penetration either fall under second-degree criminal sexual conduct or fourth-degree criminal sexual conduct. However, in the case of attempted rape, no actual sexual penetration needs to occur to be charged.

That is because, in the case of an attempted crime, the charge pertains to the attempted action, not whether or not the action was successful. Even if you abandoned the scene before you could commit an overt act, the use of physical force or coercion is enough for you to face serious charges under the laws in Michigan. If you are convicted of sexual violence with an intent to penetrate the victim, you could be facing a 10-year sentence in prison.

What is Required for an Attempted Rape Charge?

For the state to pursue charges against you for an attempted crime, all that is necessary is an accuser who is willing to come forward and say you sexually assaulted them, even if the charge is false. However, the state still has to prove that a crime was committed to go beyond an accusation.

If you are accused of sexual assault or attempted rape, don’t panic and don’t make any effort to contact the alleged victim. Contacting the accuser can do nothing to help your defense and can often make things worse, especially if the accuser happens to be recording your conversation for the police. Learn about Michigan recording law here.

Instead, your first move when accused of an attempt to coerce sexual intercourse should be to contact Attorney Nicole Blank Becker and begin planning your sexual assault defense strategies. Given that the penalties are so stiff for CSC first-degree, hiring an attorney who specializes in domestic violence and other sexual crimes is a must to protect your freedom.

What Defenses Can a Lawyer Use if You Are Accused of an Attempted Rape?

In the case of an attempted sexual assault, the absence of DNA does not necessarily absolve the accused from the crime, as the victim could claim that they successfully got away from the accuser before they could ever touch their clothes. However, all that you need in a court of law is to present reasonable doubt to the jury concerning the victim’s version of events.

A good sex crimes defense lawyer might help show that the actions leading up to the alleged incident were consensual, and the reason that no penetration occurred was because the defendant understood that pursuing sexual intercourse would go beyond what the plaintiff considered to be consensual. If there is evidence of the two parties engaging in romantic conduct with each other, that could make it difficult for the jury to believe claims of sexual misconduct.

If you were in the room with the accuser for another reason, that could also be used as a criminal sexual conduct defense. If you can prove that you had a legitimate reason for being in the room besides committing an overt act against the accuser, your criminal sexual conduct attorney could use that to sway the jury to your side.

Remember, the burden of proof is always on the prosecution, which must prove guilt beyond a reasonable doubt to the jury. If you can create a good reason for the jury to doubt the alleged victim’s version of events, the jurors will have to find you innocent.

Take All Accusations of Attempted Rape Seriously

When you are accused of committing an overt act related to sexual violence, the worst thing you can do is waste time before finding the right rape defense attorney. Instead, make sure to contact Attorney Nicole Blank Becker as soon as you face an accusation. Being a former prosecutor and the Chief of the Sex Crimes Unit in Macomb County, her experience on both sides of the courtroom with sexual assault and other sex-related crimes has proven invaluable to her clients. She understands which strategies prosecutors will use because she uses them herself, and she knows how to fight back and protect her clients.

Hire Blank Law, PC

If you are facing an accusation of attempted rape, you need to get Nicole Blank Becker on your side. Contact her at (248) 515-6583 or contact us online to schedule a free consultation!