Facing Michigan Criminal Sexual Conduct (CSC) charges can be a whirlwind of new and unsettling experiences.
You may have been under investigation for some time and even publicly arrested. Perhaps the entire case is based just on your accuser's word alone, and even though you’re innocent, you’ve been charged anyway. After an Arraignment, you’ve had to pay money bail and are now living under restrictive bond conditions, including not having contact with certain people, not going certain places, wearing a GPS tether, or others. Suddenly, your calendar is littered with court appearances such as “Probable Cause Conference” and “Preliminary Exam.“
Not even knowing what some of these things mean, you set out to interview Criminal Defense Attorneys for perhaps the most important and defining service someone will ever perform for you. You hope you can find the right Michigan Criminal Sexual Conduct Attorney, because your entire future will lie in their hands. As if that’s not enough to deal with, you're also wondering...
"I thought I was supposed to be presumed innocent. How can I protect my good name and reputation from being destroyed in the public eye as this legal process unfolds?”
Unfortunately, there is no perfect answer. However, Michigan law does provide a little bit of help thanks to a statute enacted by our Legislature, MCL750.520k, Suppression of names and details. It states:
“Upon the request of the counsel or the victim or actor in a prosecution under sections 520b to 520g the magistrate before whom any person is brought on a charge of having committed an offense under sections 520b to 520g shall order that the names of the victim and actor and details of the alleged offense be suppressed until such time as the actor is arraigned on the information, the charge is dismissed, or the case is otherwise concluded, whichever occurs first."
Understanding the Legal Terminology
So let’s break this down and define some terms...
First, “sections 520b to 520g" basically means a Sexual Assault charge in Michigan. Michigan’s basic "Sexual Assault" and "Rape" criminal laws are referred to categorically as “Criminal Sexual Conduct," or "CSC" for short. These CSC charges are broken down into four main “Degrees" (as well as two additional charges that are closely related):
- First Degree Criminal Sexual Conduct, MCL 750.520b, based on alleged "sexual penetration"
- Second Degree Criminal Sexual Conduct, MCL 750.520c, based on alleged "sexual contact"
- Third Degree Criminal Sexual Conduct, MCL 750.520d, based on alleged sexual penetration
- Fourth Degree Criminal Sexual Conduct, MCL 750.520e, based on alleged sexual contact
- Assault With Intent to Commit Criminal Sexual Conduct Involving Sexual Penetration, MCL 750.520g
- Assault With Intent to Commit Criminal Sexual Conduct in the Second Degree, MCL 750.520g
When they say “sections 520b to 520g," they are referring to criminal cases where someone is charged with any of those sex crimes. “Counsel” is just another word for lawyer or attorney.
“Victim” more correctly means “alleged victim.” At Prain Law, PLLC, where we specifically concentrate on defending those accused of Michigan CSC charges, we would’ve preferred that they used the word “alleged” out of respect for the Constitutional presumption of innocence and and the simple fact that many people charged with CSC are simply, actually innocent and falsely accused.
The word “actor“ means of the accused person, or the Defendant. If you click some of the links above and read about the actual language of the Michigan Criminal Sexual Conduct laws, you’ll see that “actor“ is the word the Legislature has used to describe the person being accused of committing the act, the Defendant. If you’re reading this article, there’s a good chance that that person is either you or someone you care about – and that’s who we fight for!
RELATED: Another jury verdict of NOT GUILTY of First Degree Criminal Sexual Conduct by Attorney Brian J. Prain.
One more term that is helpful to understand is “Arraignment on the Information,” or “AOI,” for short. This is the first stage of a felony case after it is “bound over“ from the District Court where it began to the Circuit Court for the County. When that happens, the Defendant is again arraigned on whatever charges exist at that time. This is referred to as an Arraignment “on the Information” because the name of the document in the Court file officially charging the Defendant is now referred to as the "Information” instead of the “Complaint” as it is called down in the District Court.
So what does all this mean?
If someone is facing any of the Degrees of Michigan Criminal Sexual Conduct charges, the alleged victim, the Defendant, or one of the Attorneys can make a request, most likely in the form of a written “motion,” to have the names of the alleged victim, the Defendant, and the details of the alleged offense suppressed until the case is either dismissed, the case concludes (i.e., such as by way of a Plea and Sentence) or until the AOI, which ever happens first.
The Legislative notes regarding Constitutionality refer to this law as a “statute authorizing suppression of a court file, containing the name of a victim of criminal sexual conduct, the name of the defendant, and the details of the offense…,” which gives a little more clarity on what is meant by “suppressed.”
As you probably already realize, there are many cases where this will not last for the entire case, but only for a certain period of time at the beginning. But should things turn out where the case concludes or is dismissed, for example, at the conclusion of the Preliminary Exam because the Prosecution failed to meet their burden of “probable cause,“ this suppression of names and information could last for the entire time the case is pending in Court (but the statute does not say anything about what happens after that).
Why You Need an Attorney
The bottom line is, even with this helpful Michigan law, if you are involved in a Criminal Sexual Conduct case, there is no perfect way to make certain that other members of society don’t find out about that fact. There’s just too much information out there these days. Absent legal restrictions to the contrary, anyone could potentially say or reveal anything.
Sometimes, after our clients are found NOT GUILTY of Criminal Sexual Conduct following a jury trial and thus their liberty and freedom is protected, they still wonder “Is there any way I stop people from finding out about this, so I can begin to rebuild my good name and reputation?” And while there are definitely safeguards within the law, the fact that the case did exist is simply a fact in history that will always be there in some form or fashion.
If you are charged with criminal sexual conduct in Michigan, contact Prain law, PLLC at 248-731-4543 or using our online form today to find out what can be done to add you to the long and growing list of those whose freedom, future, and peace of mind we've helped secure.