Sexual assault is generally forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent. And although precise definitions and punishments vary from state to state, the criminal offense of aggravated sexual assault of a child includes the aggravating circumstance of the victim being a child under a certain age, as defined by the statute—which increases the severity of the crime.
In Michigan, sexual assault is legally referred to as Criminal Sexual Conduct (CSC) and is categorized into four degrees, with varying levels of severity and punishment. First-degree CSC involves sexual penetration and includes circumstances where the victim is under 13 years old or between 13 and 16 years old and the assailant is in a position of authority or a familial relationship. Aggravated sexual assault typically refers to first-degree CSC when it involves a child and includes factors that increase the crime's severity, such as the use of force or coercion, the presence of another felony, or causing personal injury. The age of the child is a critical factor, and Michigan law considers the age of consent to be 16. Penalties for first-degree CSC can include life imprisonment or any term of years, and Michigan law mandates lifetime electronic monitoring for certain CSC convictions. It's important to note that consent is a key element in sexual assault cases, and Michigan law recognizes that certain individuals, such as children or incapacitated persons, cannot legally give consent.