Few things are more emotionally devastating than a sexual assault. Unfortunately, some victims aren’t aware of what constitutes sexual assault in Michigan. Some victims may not realize they’ve been assaulted at all. For that reason, we’ve put together this guide explaining the degrees of sexual assault in Michigan.
A sexual assault is described as any unwanted sexual contact. Some cases may include intimidation, threats of violence, or use of force. Informed consent of a mentally capable adult is always a requirement of lawful sexual contact.
Fourth-degree sexual assault refers to sexual contact (touching, kissing, groping) performed through force or coercion. It also applies in cases where there is sexual contact, and the victim is incapable of providing consent due to age, mental disability, or intoxication. It can also apply in cases where inmates are sexually assaulted by members of the corrections department.
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Third-degree sexual assault is described as sexual penetration in cases where the victim is forced or coerced, incapacitated, or between the ages of 13-15.
Second-degree sexual assault can be confusing when compared to third-degree sexual assault. It specifically refers to cases where there was an injury, a second crime, multiple assaulters, or when the victim is under the age of 13. However, a second-degree felony only applies where there is no penetration.
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First-degree sexual assault is the most serious kind. It describes penetration committed during a second criminal act. Common examples include when victims are under the age of 13 when multiple persons are involved, when the victim is incapacitated, or when the victim suffers an injury in the course of the assault.
Speaking to an Attorney
Sexual assault isn’t easy to talk about, especially when it is the result of a hierarchy of organizational negligence. That’s why our firm is committed to seeking justice for those injured by the clergy or by trusted campus advisors.
If you or someone you love suffered sexual assault due to an organization’s negligence, we are here for you. If you’d like an experienced Michigan campus sexual assault attorney from White Law PLLC to evaluate your case, please send us an email or call (517) 316-1195.