To some, the idea of being accused of Sexual Assault or Rape by one’s own spouse may seem outlandish...
Perhaps that's because most people would probably agree that sexual relations are already part of a normal and healthy marriage, so some people might wonder “How could someone be accused of Criminal Sexual Conduct by their own spouse?"
Regardless of what various belief systems might be, under Michigan law, a person certainly can be charged with Criminal Sexual Conduct (CSC) even when the alleged victim is their own spouse.
Michigan has a specific law that makes this clear, MCL 750.520l, Legal spouse as victim, which states:
"A person may be charged and convicted under sections 520b to 520g even though the victim is his or her legal spouse. However, a person may not be charged or convicted solely because his or her legal spouse is mentally incapable."
YOU SHOULD UNDERSTAND WHAT "CRIMINAL SEXUAL CONDUCT" MEANS...
Like in many States, old common law sex crimes including the traditional offense known as “Rape” have been modernized into a broad category known as Criminal Sexual Conduct (CSC), which is broken-down into degrees based on the nature of the alleged conduct and level of seriousness. When it states "sections 520b to 520g," they mean these various CSC crimes. They include:
- Criminal Sexual Conduct in the First Degree (based on "sexual penetration")
- Criminal Sexual Conduct in the Second Degree (based on "sexual contact")
- Criminal Sexual Conduct in the Third Degree (based on "sexual penetration")
- Criminal Sexual Conduct in the Fourth Degree (based on "sexual contact")
"Mentally incapable" means:
"...that a person suffers from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct."
That definition is found in subsection (j) of MCL 750.520a, Definitions, the law that defines important terms used throughout the Michigan Criminal Sexual Conduct laws.
"Mentally incapable" is different than "mentally disabled" and "mentally incapacitated," which are also defined in the Definitions section. Even though all those terms sound alike and might seem to the average person like they cover the same ground, they are very distinct terms under the law and their effect on any particular situation can be dramatically different. On that note, this is a good time to highlight perhaps the most important takeaway from this article:
IMPORTANTLY, this article is for informational purposes only - it is NOT legal advice. You should not rely on anything in here to judge what conduct is or is not lawful. Rather, we are merely quoting the statutes that anyone can read on the Michigan Legislature Website.
Interpreting the law is complex, and the statutes like the above from the Michigan Compiled Laws are only part of the picture - they have to be combined with definitions in other parts of the law and understood in accordance with the "case law" from our Courts interpreting those statutes and definitions. Sometimes, our Courts say that the law actually means more, less, or even something different than what it appears to say at face value. In other words, do not just assume you can read a law and/or a definition within the law and understand what conduct is or is not lawful.
As just one hypothetical to demonstrate this, if you are a man reading the above quotes from the Michigan Compiled Laws and thinking "Okay, even though my wife might meet the definition of 'mentally incapable' right now, I can't be prosecuted for sexual activity with her because I'm her husband", then you're proving the point we're making right now, because that is not what the above law says even at face value, and not how it should be interpreted.
The purpose of this article is merely to point out the fact that Michigan has a law that specifically makes it so that a person can in-fact be charged and convicted of CSC even when their spouse is the alleged victim, whereas some people may think that is not the case.
Prain Law, PLLC is a criminal defense practice. Therefore, we concentrate on defending those accused of Criminal Sexual Conduct who actually have an active Court case or investigation (i.e., there has been contact from a law enforcement agency requesting to speak or some other action, even if there is no Court case yet), as opposed to addressing general inquiries.
If your spouse is or may be anything that may even remotely seem to be mentally disabled, mentally incapable, mentally incapacitated, or physically helpless (or if you're not certain if any of those might be the case), and you're wondering what is lawful under your specific circumstances, you need to contact an experienced lawyer to speak with you who can advise you directly.
On the other hand, if you are actively under investigation for, or charged with Criminal Sexual Conduct with an active Court case and your spouse is the alleged victim, we'd love to speak with you about your case, because defending against allegations like that is exactly what we do!
In our opinion, if things have reached the point where you are receiving calls from a law enforcement agency, it's time to reach out to a criminal defense attorney like Prain Law, PLLC for assistance immediately.
You should also note that nothing in Michigan law suggests that a person cannot be prosecuted for sexual contact or penetration with a person who is asleep, passed out, etc, just because that person is their spouse. Those types of conditions (unconscious, asleep, etc.) are actually referred to as being "physically helpless", which are also defined in the Definitions section of the CSC laws as:
"...unconscious, asleep, or for any other reason is physically unable to communicate unwillingness to an act."
It should be common-sense that it is always unlawful to engage or attempt to engage in sexual contact or penetration with a person in that state of lack of awareness no matter who they are, regardless of whether there has been consensual sexual activity with them in the past, and regardless of what your relationship to them may be.
IN OUR EXPERIENCE, IT IS RARE FOR SOMEONE TO BE CHARGED WITH CSC ON A SPOUSE, BUT IT CAN HAPPEN...
Someone could even falsely accuse their very own spouse of Criminal Sexual Conduct upon themselves or another person in order to gain some type of revenge or tactical advantage. The possibilities are endless, but one hypothetical would be in the context of a contentious divorce where one spouse having CSC charges brought against them gives the other some advantage, such as in child custody or otherwise.
We know this for a fact, because we've dealt with it and defended against it. In-fact, a few years ago, Brian J. Prain of Prain Law, PLLC successful defended a client in a very contentious Capital case that received media attention after our client was accused of First Degree Criminal Sexual Conduct and a host of other serious charges by their spouse. Although it seemed like every powerful force wanted to convict the client, the Jury brought back a verdict of NOT GUILTY of First Degree Criminal Sexual Conduct and a long list of lesser charges that were piled on.
For these reasons, it is extremely important in situations like this to have an experienced and aggressive Michigan Criminal Sexual Conduct Attorney to fight for you by exercising your 6th Amendment right to confront and cross-examine your accuser, to present a complete defense, to have access to evidence, and to have effective assistance of an attorney.