Michigan Law

Under Michigan law, sexual assault is called “criminal sexual conduct” (CSC). There are four degrees or categories. First and third degree CSC are felonies. Second and fourth degree CSC are misdemeanors. Assault with intent to commit criminal sexual conduct is a felony. Conviction of any CSC charge can carry a substantial prison term. However, severity of the sentencing depends on a number of factors. These laws can be very complicated. The basic of each of the four degrees are summarized below:

First Degree or Third Degree Criminal Sexual Conduct:
Both of these crimes involve forced of coerced (without consent) penetration. The penetration can be vaginal, anal, or oral or putting a finger or object into another person’s anal or vaginal opening.

Second or Fourth Degree Criminal Sexual Conduct:
Both of these crimes involved forced or coerced (without consent) sexual contact. These include touching the groin, genital area, inner thigh, buttocks or breasts, or the clothing covering these parts.

Assault with Intent to Commit First Degree Criminal Sexual Conduct:
This crime is an assault where the perpetrator intended to commit criminal sexual conduct in the First Degree.

Assault with Intent to Commit Second Degree Criminal Sexual Conduct:
This crime is an assault where the perpetrator intended to commit CSC in the second degree.

*People who are drugged, incapacitated, or under the age of 16 are deemed by law to be unable to give consent.*


Important Features of the Michigan Law

  • It is against the law to have sexual contact with someone against his or her will or without consent. Sexual contact includes and kind of deliberate physical contact (touch) with the victim’s breasts, buttocks, or genital area, as well as any kind of penetration of the victim’s body.
  • The victim does not need to prove they physically resisted during the assault. Sexual assault is defined by the actions of the abuser.
  • During a trial, the victim’s sexual history cannot be used as evidence, except as it directly related to the situation/individual on trial.
  • It is against the law to have sexual contact with someone who in incapacitated (drunk, drugged, unconscious, and asleep) because they cannot give consent.
  • Acquaintance rape, stranger rape, and child sexual abuse are all covered under this law
  • The law is gender neutral. Men and women can be either victims or abusers.
  • The law recognizes that there are different types of force used by the assailants, including coercion, threats, physical force, and weapons.

    More information and the text of these laws may be found at: www.legislature.mi.gov
    Michigan’s Public Sex Offender Registry (PSOR) Inquiry may be found at: http://www.mipsor.state.mi.us/

    Reporting Criminal Activity: The Clery Act

    A brief history:
    In 1986, at Lehigh University, 19-year-old freshman, Jeanne Ann Clery was assaulted and murdered while asleep in her residence hall room. Miss Clery’s parents, Connie and Howard, led a crusade concerning campus reporting when they learned that students had not been told about 38 violent crimes that had preceded her murder. The law, now titled “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act,” was enacted by the United States Congress and signed by President George Bush in 1990. The law was amended significantly in 1998 to include additional reporting obligations.

    What has to be reported?
    The report done by colleges and universities is strictly a statistical report. No names are identified on the report available to the public. You can view this report at www.kzoo.edu/studev/security/index.html. Each year, by the first of October, each school must report crime statistics in the following categories:

    Murder, and non-negligent manslaughter, negligent manslaughter, sex offenses: forcible and non-forcible, robbery, aggravated assault, burglary, motor vehicle theft, arson, liquor violations, drug abuse violations, and weapons possessions.

    How this applies to reporting a sexual assault:
    When thinking of reporting, this is often viewed as taking legal action. In line with the Clery Act, it is important to remember that this “report” is merely a statistical report. Because of the Clery Act, administrators and faculty members are required to report the assault to the Dean of Students.

    This is not intended to jeopardize the safety of the survivor. It is done to ensure the safety of everyone on campus and to also hold the college accountable for taking action against perpetrators of sexual assault. As previously stated, confidentiality and safety of the survivor is top priority. Under another law, Title IX, IF the student is identified on these forms, this information is forwarded to the Dean of Students through the Security Office.

    The Dean must act to resolve any incident and notification may impact the student’s desire for total confidentiality.

    By law, the institution is required, at a minimum, to conduct a thorough investigation. The Dean of Students will determine the actions to be taken by the college. This may include altering the student body of the violation, without identifying the victim or the perpetrator.

    Under the Clery Act, if any survivor comes forward but wants to keep the report confidential and have nothing done, his/her report must be made directly to one of the four individuals that are exempt form statistical reporting.

    They are:

  • Director of Counseling, Dr. Pat Ponto
  • Counselor, Dr. Alan Hill
  • Dean of the Chapel, Dr. Gary Dorrien
  • College Health Center Director, Lori Long-Hopkins

    Any victim who wants to report a crime and stay confidential should speak with the above mentioned individuals.