In a Michigan Criminal Sexual Conduct (CSC) case, the Prosecution does not need to prove that the alleged victim resisted or physically fought during the alleged sexual assault.
Under Michigan law, MCL 750.520i, Resistance by victim not required:
“A victim need not resist the actor in prosecution under sections 520b to 520g.”
In modern times, antiquated “Rape” and “Sexual Assault” laws have all been grouped together within the overall category called Criminal Sexual Conduct, which is broken down into different “Degrees” of severity. These laws cover the vast majority of Michigan sex crimes, including those based on alleged "sexual penetration" and alleged "sexual contact." This includes:
- Criminal Sexual Conduct 1st Degree - MCL 750.520b
- Criminal Sexual Conduct 2nd Degree - MCL 750.520c
- Criminal Sexual Conduct 3rd Degree - MCL 750.520d
- Criminal Sexual Conduct 4th Degree - MCL 750.520e
- Assault With Intent to Commit CSC Involving Sexual Penetration - MCL 750.520g(1)
- Assault With Intent to Commit CSC in the 2nd Degree - MCL 650.520g(2)
These specific charges are referred to as "sections 520b to 520g."
Arguably, the Legislature should have use the term “alleged victim." However, the first section in the CSC laws, MCL750.520a defines important terms including “victim,” which specifically includes what is technically an alleged victim when there is simply a charge yet no crime has been proven. The definition states that "victim" means "the person alleging to have been subjected to criminal sexual conduct."
The word “actor” means "a person accused of criminal sexual conduct."
HOW WILL A JURY PROPERLY UNDERSTAND THE LAW?
Statutes like MCL750.520i are the exact language and letter of the law. But sometimes the law can be difficult to read and understand, especially where you have to know the legal definition of certain words in the first place, as with the above.
When a CSC case is brought to trial before a jury, the courts are use what are known as standard Jury Instructions which the Judge reads to the jurors. Think of the Jury Instructions as the letter of the law being stated more simply so that people with no experience in the law can hopefully easily understand and apply it. Of course, MCL750.520i has a jury instruction that goes along with it, Michigan Criminal Jury Instruction 20.26, Resistance Not Required:
"To prove this charge, the prosecutor does not have to show that [name complainant] resisted the defendant."
WHAT DOES THIS ACTUALLY MEAN?
This law and its corresponding Jury Instruction do not mean that evidence suggesting the alleged victim resisted (physically or otherwise) does not play a role in these cases. Of course, if the Prosecution believes it has evidence to suggest that resistance was given, they will likely present that evidence at trial.
Like every fact in a criminal case, that does not mean it is true - just that the accuser is claiming that. The point is, it is not a necessary element that they are required to prove in order to prove their case beyond a reasonable doubt.
HOW THIS AFFECTS DIFFERENT TYPES OF CRIMINAL SEXUAL CONDUCT CASES
Obviously, there are many Criminal Sexual Conduct cases where the charges are based on the age of either the alleged victim and/or the Defendant. Obviously, if there actually was sexual contact or penetration in these cases, then whether or not there also allegedly was resistance or not is essentially irrelevant because age alone can be the deciding factor.
In other cases, a key element the Prosecution may be attempting to prove is that sexual contact or sexual penetration occurred by way of the use of “force or coercion.” The terms “force” and “coercion” have their own legal definitions, but they do not require proof of any resistance.
MICHIGAN'S CSC LAWS ARE COMPLEX...
If this seems somewhat confusing, you’re not alone. Lawyers practicing in this area spend many years acquiring and perfecting their knowledge of these laws and the terms they contain within them. That's why if you're accused of CSC, finding the best Michigan CSC Defense Attorney should be your #1 goal.