What is Sexual Abuse 2nd Degree?
Second degree sexual abuse is considered a serious criminal charge in Michigan. It involves unwanted sexual contact or touching. In many situations, the case involves minors or someone with a mental or physical disability. It may also involve someone you hold “power” over or that you coerce to engage in some type of sexual intercourse.
What is Sexual Abuse 2nd Degree?
Learn more about sexual assault and sexual abuse charges in the second degree here.
Understanding Sexual Abuse 2nd Degree Charges
Charges of sexual abuse in the second degree in Michigan can involve several different actions. For example, it includes intentional touching for the purpose of sexual arousal or gratification (see: what is offensive touching?). It also includes sexual contact for the purposes of anger, revenge, or humiliating another person in some way.
You may also face sexual abuse in the second degree charges if you engage in sexual contact with any one of the following individuals:
- Any child under the age of 13
- Children ages 13 to 16 living in your home and related to you by the fourth degree
- A student where you work in any capacity
- Someone with a physical or mental disability and is related to you
- Someone under the jurisdiction of the DoC while you are an employee
- County probationer or prisoner while you are a county worker
- An inmate who is waiting for their hearing or trial while you work in some capacity in the detention facility
There are other situations that may result in second degree sexual abuse charges in Michigan, too. These include:
- Sexual contact that occurs while committing another felony
- Sexual contact when others assist you or if you use force or coercion, or if a victim has a physical or mental disability
- Using a weapon while engaging in sexual abuse or something someone believes is a weapon
- Sexual contact with the use of coercion or force and the victim suffers an injury
- Sexual contact that results in an injury to the victim who you are aware is physically or mentally disabled
If you are charged with and convicted of sexual abuse in the second degree, the potential consequences are severe. Some of the consequences you may face if convicted of 2nd degree sexual abuse in Michigan include:
- Years-long prison sentence
- Pay costly fines and other related court costs
- Submit to ongoing electronic monitoring in the state
- Have a permanent criminal record as a sex offender on the Michigan Sex Offender Registry
- Limitations on where you can live
- Lose your job due to your record
- Lose your professional license due to the conviction
- Lose custody of your children
- Lose immigration status
See CSC 2nd degree Michigan penalty for more details.
Due to the serious consequences you face if convicted of sexual assault or sexual abuse in the second degree, if you are facing this charge, be sure to contact an experienced sex crimes defense lawyer who has experience handling sex crime cases. While your situation may seem hopeless, an experienced criminal sexual conduct attorney who has handled past cases related to sexual abuse and sexual assault can be an invaluable asset when building a viable criminal sexual condict defense for your charge.
Charges of criminal sexual conduct 2nd degree are often complex. They usually involve emotions, including anger and fear. Sometimes, the charges involve family members, a romantic partner (current or former), an acquaintance, or a friend. There could also be motivations for this accusation that comes from tension in your relationship with the alleged victim. In other cases, the accusation of sexual assault could be a misunderstanding.
In some situations, someone may falsely accuse you of CSC, i.e. sexual abuse or sexual assault, if you are breaking up, going through a divorce, involved in a custody dispute, or something similar. Often charged as a class C felony, this is not a charge you can afford to overlook or ignore. You need to work with an experienced criminal defense attorney to get the best possible outcome for your case.
Hiring an experienced and reputable CSC defense attorney in Michigan with the skills and experience to find inconsistencies in the accuser’s statements and story – regardless of how small they may be – is invaluable if you find yourself in this situation. Your rape defense attorney will work to ensure that your side of the story is heard and that it is considered in court. They will also work on challenging the credibility of the victim (when appropriate) and witnesses.
An effective criminal defense attorney will also understand the technical and complex evidence that is used during cases involving accusations of sexual abuse or sexual assault. If your attorney cannot get the charges dropped completely due to insufficient evidence, they can attempt to get a charge of sexual abuse in the second degree reduced to a lesser offense.
Evidence Required in Cases of Second Degree Sexual Abuse
You can face charges of sexual abuse in the second degree even if there is not tangible or hard evidence against you validating the claim.
In these cases, the victim’s testimony does not need to be corroborated. It means that your accuser’s word that sexual assault occurred is enough. When they take the stand and tell their story, they provide the jury with the “evidence” required to convict you of a sexual assault charge in the second degree.
The prosecution does not have to present witness testimony or DNA evidence to corroborate the accuser’s story. This is one element that makes these cases of unwanted sexual contact so complex. It is also why you need to hire a top criminal defense attorney immediately if you are facing any type of CSC 2nd degree charges.
While you may be shocked to hear this, most cases are convicted based on the accuser’s word – nothing else. Even if this is the only evidence in your case, it does not mean you will get “off.” You need an attorney who fully understands the second degree sex crime laws and charges in Michigan to help build a solid sexual assault defense strateiges for your situation. Learn what to look for in a criminal defense lawyer here.
Is Jail-Time Possible?
As mentioned above, if you are convicted of second degree sexual assault or sexual abuse in the second degree, you can face Class C felony charges and be sentenced to time in jail.
If your sentence is for less than one year with a second degree charge, you will serve it in county jail. For sentences of more than one year, you will serve them in state prison. In most cases, a conviction of any second degree sex crime in Michigan will result in time in jail. The amount of time you are sentenced depends on the circumstances of your case and if you have an existing criminal record. Learn if a lawyer can keep you out of jail here.
Contact Blank Law, PC
If you have been charged with second degree sexual abuse or sexual assault, get in touch with Attorney Nicole Blank Becker at Blank Law, PC. It is imperative that you have an attorney represent your interests and help you build a viable defense in these situations.
The potential consequences for a sexual abuse or sexual assault conviction are severe and typically involve jail time. You can reach out to our legal team by calling (248) 515-6583 or texting the law firm 24 hours a day, seven days a week.
You do not have to fight your criminal charges alone. Our legal team can help you build a viable defense and help to secure you the best possible outcome for your case.