The criminal offense of sexual assault generally involves forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent.
Sexual assault laws vary from state to state, and in some states the traditional criminal offense of rape is defined as the criminal offense of sexual assault. In some states the touching, groping, or pinching of the body of another person without the person’s consent and for purposes of sexual gratification is defined as sexual assault—and in other states such nonconsensual sexual contact is defined as the criminal offense of sexual battery or forcible touching, for example.
Sexual assault and related criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.
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 penalties. First-degree CSC involves sexual penetration under certain aggravating circumstances, such as when the victim is under 13 years old or when the perpetrator uses force or coercion. Second-degree CSC involves sexual contact, not penetration, under similar aggravating circumstances. Third-degree CSC includes sexual penetration with a victim aged 13 to 15, or when other factors are present, such as the perpetrator being in a position of authority. Fourth-degree CSC involves sexual contact without penetration and includes various situations like force, coercion, or when the victim is between 16 and 18 and the perpetrator is in a position of authority. The lack of consent is a critical element in these offenses, and Michigan law recognizes that consent cannot be given in certain situations, such as when a person is incapacitated or coerced. Penalties for CSC offenses in Michigan can range from imprisonment, fines, to mandatory sex offender registration. These laws are codified in the Michigan Penal Code, specifically under sections 750.520b to 750.520e.