What is Sodomy 2nd Degree?
Cases of sodomy in the second degree are charged under the umbrella sex crime charge of criminal sexual conduct 2nd degree in Michigan. It is charged as a Class B felony or Class D felony, depending on the situation and age of the victim involved.
Here, you can learn more about this crime and why hiring an experienced criminal defense attorney to help with a strong defense is recommended. The right legal services will help you in these situations.
Learning more about this charge and the potential penalties you can face will help you know why hiring a criminal defense attorney to help you create a viable and strong criminal sexual conduct defense is so important.
What is Sodomy 2nd Degree?
There are two situations where you will face sodomy in second degree charges in Michigan:
- You are over the age of 16 and engage in deviate sexual intercourse with a person knowing they are under 16, but over 12
- If you engage in deviate sexual intercourse (i.e., anal or oral sex) with a person knowing they have a mental issue; consent is impossible
A person is considered mentally challenged or incapable of providing consent if they have a mental disease or defect to the level they cannot appraise the nature of their conduct.
Potential Defenses to Sodomy in the Second Degree
If you are accused of deviate sexual intercourse in one of the above mentioned situations, and you face sodomy in the second degree charges, you should seek legal representation immediately. Some potential sexual assault defense strategies to these charges include:
Age-Related Sodomy Cases
In many situations, age-related sodomy is treated differently and defended differently than in other situations. If the victim or accused person could not have sexual relations legally, but the parties engaged in it willingly, there are exceptions to the rule. For example, suppose the age difference between the two was not too much. In that case, some prosecutors will allow the accused party to go to a counseling program and avoid the more severe penalties related to a conviction.
Other defenses can be used if the case can’t be negotiated that way. In age-related sodomy cases, the issues of a person’s consent do not come into play. This is because an underage individual can not give consent in the state of Michigan (see: what is the age of consent in Michigan?).
For example, if one party states they “never forced anything and that it was all consensual,” they are essentially admitting age-related sodomy.
Mentally Defective Sodomy Cases
In this situation, a person commits sodomy in the second degree by engaging in sexual penetration (orally or anally) with someone known to have a significant mental defect or disease.
The defense is if the alleged victim has a mental defect that is sufficient to be viewed as incapable of making a sound decision regarding their conduct.
Potential Penalties for a Sodomy in the Second Degree Conviction
If you are found guilty of deviate sexual intercourse and are convicted of sodomy in the second degree, it can be charged as a Class B or Class D felony in Michigan. A conviction can result in serious penalties, such as:
- Sentence of years in prison
- You are charged significant fines and fees
- Requirement to submit to Michigan lifetime electronic monitoring
- You will have a permanent criminal record as a sex offender on the Michigan Sex Offender Registry
- You will be limited regarding where you can live
- You may lose your job or lose future job opportunities
- Professional license loss
- Issues related to custody of your children may occur
- You may lose your citizenship status in the U.S.
As you can see, the penalties for these charges are significant and can impact your life in many ways. Keep this in mind to help you avoid the serious penalties you may face if you are convicted.
Do Not Wait to Hire an Attorney to Help with Your Charges
If a person commits deviate sexual intercourse and faces sodomy in the second degree charges, they should get in touch with an experienced criminal sexual conduct attorney to build a defense for their case.
You can contact Attorney Nicole Blank Becker, at Blank Law, PC, at (248) 515-6583. You can reach out via email or phone 24 hours a day, seven days a week.
With proper legal defense, you can fight for your rights and freedom.