If you or someone you know is facing a Michigan Criminal Sexual Conduct ("CSC") charge, there is something you should know. Having the right Criminal Sexual Conduct Attorney can make all the difference in your case. We've all known men and women in our community who have a reputation for...shall we say...gaining a high number of sex partners in a short time.
But every so often, one of these folks becomes the accuser and leaves someone facing a Michigan Criminal Sexual Conduct charge and looking at years in Prison. If your life is on the line, shouldn't you have the right to let a Jury know that this person claiming you took advantage of them is one of those people who frequently has sex with random partners? One might think "yes," since the consequences of a Michigan Criminal Sexual Conduct are so serious that the "sentencing guidelines" often call for Prison time, Sex Offender Registration, and other life-changing effects..
But the Michigan Criminal Sexual Conduct laws basically say: "Maybe, but probably not." Like many states, Michigan Criminal Sexual Conduct laws include what is commonly called a Rape Shield Law, MCL 750.520j, entitled Evidence of Victim's Sexual Conduct, which states:
"(1) Evidence of specific instances of the victim's sexual conduct, opinion evidence of the victim's sexual conduct, and reputation evidence of the victim's sexual conduct shall not be admitted under sections 520b to 520g unless and only to the extent that the judge finds that the following proposed evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value:
(a) Evidence of the victim's past sexual conduct with the actor.
(b) Evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, or disease.
(2) If the defendant proposes to offer evidence described in subsection (1)(a) or (b), the defendant within 10 days after the arraignment on the information shall file a written motion and offer of proof. The court may order an in camera hearing to determine whether the proposed evidence is admissible under subsection (1). If new information is discovered during the course of the trial that may make the evidence described in subsection (1)(a) or (b) admissible, the judge may order an in camera hearing to determine whether the proposed evidence is admissible under subsection (1)."
This means that even if you are being accused of Michigan Criminal Sexual Conduct by an extremely promiscuous person, you can only offer evidence that they've had past sex with you (not anyone else), or else to show that someone other than you was the source of semen, pregnancy, or disease that was found in the alleged victim. And you can only do these if the Judge decides it's important enough in your Michigan Criminal Sexual Conduct case.
RELATED: Michigan Court of Appeals, 2026 - Rape Shield Procedure Does Not Apply at Preliminary Examination.
Additionally, the normal rule is that if a Prosecutor wants to use your past alleged conduct against you, they only have to notify you slightly before Trial. But in this Michigan Criminal Sexual Conduct scenario, you're expected to notify them well in advance. It's just one example of how the Michigan Criminal Sexual Conduct laws can be viewed as favorable to the Prosecution.
As a Michigan CSC Defense Lawyer, we know how to navigate the Rape Shield law and the case law interpreting it to put your best defense forward. As one example of an important nuance you won't find in the language of the Rape Shield statute itself, there is an exception to the above Rape Shield law when your accuser has made false accusations of Sexual Assault / Sexual Abuse in the past. If this can be shown, according to our appeals Courts, the Michigan Rape Shield law does not apply and you may be allowed to show your accuser's past alleged sexual behavior to properly their credibility Into question.
A top CSC Attorney knows that winning is all about attacking your accuser's credibility and believability. Michigan Criminal Sexual Conduct (Sexual Assault) crimes include: First Degree Criminal Sexual Conduct (up to LIFE in Prison); Second Degree Criminal Sexual Conduct (up to 15 years in Prison); Third Degree Criminal Sexual Conduct (up to 15 years in Prison); and Fourth Degree Criminal Sexual Conduct (up to 2 years in Prison). All of these charges require registration as a sex offender on the Michigan Sex Offender Registry and more...