Statutory Rape Attorney in Michigan

Brian Prain: 12 Consecutive Years on Michigan Super Lawyers for CSC Defense

Michigan doesn’t have a statute that uses the phrase “statutory rape.” The conduct most people mean by that term is charged under Michigan’s Criminal Sexual Conduct Act, most commonly as CSC-III under MCL 750.520d. That distinction matters because the charge carries up to 15 years in prison, sex offender registration, and consequences that outlast any sentence. An attorney whose practice centers entirely on CSC defense brings a fundamentally different level of preparation to these cases than one who handles sex crimes as one category among many.

At Prain Law, PLLC, 100% of our practice is devoted to defending people accused of serious criminal charges, with a concentrated focus on Criminal Sexual Conduct cases throughout Michigan. When you work with us, you work directly with Brian J. Prain. There are no associates handling your file.

If you’ve been accused or charged with statutory rape or any degree of Criminal Sexual Conduct in Michigan, contact us now at (248) 731-4543 to schedule a free consultation. The earlier we’re involved, the more options may be available.

How Michigan Law Charges Statutory Rape

Michigan sets its age of consent at 16. Sexual penetration with a person under 16 is charged as CSC-III, a felony carrying a maximum sentence of 15 years. The charge can escalate to CSC-I under MCL 750.520b when aggravating factors are present: the victim is under 13, force or coercion was used, the accused is related to the victim by blood or affinity to the fourth degree, or the accused held a position of authority such as a teacher, administrator, or foster care provider. When the victim is under 13 and the accused is 17 or older, CSC-I carries a mandatory minimum of 25 years and can result in a life sentence.

Michigan’s close-in-age exception is narrow. It applies only to non-penetrative sexual contact when both parties are at least 13 and the age gap is under five years. It does not apply to sexual penetration. When both parties are minors, both can be charged under Michigan law regardless of whether the activity was mutually wanted.

The strict liability standard deserves particular attention:

• Michigan treats this offense as a strict liability crime, meaning the accused can’t argue they honestly believed the other person was 16 or older
• The Michigan Supreme Court declined to recognize a mistake-of-age defense in 2016, even when the accused was genuinely deceived
• When the accused holds a position of authority over the other person, the effective age of consent rises to 18 under Michigan law
• Age is calculated from the exact anniversary of the person’s birth date under Michigan’s birthday rule (People v. Woolfolk, 304 Mich App 450)
• Under MCL 750.520h, a victim’s testimony alone, without corroborating physical evidence, is sufficient to support a conviction

What a Conviction Can Mean

Prison time is the immediate consequence, but it’s not the only one. Michigan’s Sex Offender Registry Act (SORA) uses a three-tier system. Tier I requires registration for 15 years on a non-public registry. Tier II requires 25 years on a public registry. Tier III requires lifetime registration on a public registry. The tier assigned depends on the degree and nature of the offense.

Beyond registration, a conviction can restrict where you live and work, end professional licenses, affect college enrollment, and factor into child custody proceedings. For non-citizens, it can trigger immigration consequences. Two statutory avenues are worth knowing. MCL 28.722 provides a potential SORA exemption for certain CSC-III convictions when the victim was 13 to 15, the age gap was no more than four years, and the conduct was consensual. The Holmes Youthful Trainee Act (HYTA) may allow eligible younger defendants to resolve a case without a permanent public record, depending on case specifics and prosecutorial discretion. Both require careful analysis with an attorney before assuming eligibility.

Defending a Statutory Rape Charge in Michigan

Because Michigan’s strict liability standard eliminates mistake-of-age as a defense, the focus shifts to other questions: whether the alleged conduct occurred at all, whether the identity of the accused is correctly established, whether the evidence is credible and was gathered lawfully, and whether procedural violations affect admissibility. These cases frequently come down to one person’s account against another’s. Scrutinizing the accuser’s credibility, identifying inconsistencies, and investigating the full circumstances are central to the defense.

Brian J. Prain has defended clients facing all four degrees of Criminal Sexual Conduct in Michigan, including CSC-I charges carrying the possibility of life in prison, and has won Not Guilty verdicts in difficult cases throughout his career. Because his practice is built entirely around CSC defense, the strategies he applies to these cases come from years of handling this specific charge type, not adapted from an unrelated practice area.

Early intervention matters. In some cases, involvement before formal charges are filed can affect whether the prosecutor moves forward at all.

Brian J. Prain’s CSC Defense Credentials

Peer recognition in criminal defense is common. What sets Brian Prain apart is that his recognition is concentrated in the exact practice area you need: Criminal Sexual Conduct defense in Michigan.

Super Lawyers Recognition
Brian has been named to Michigan Super Lawyers for 12 consecutive years, from 2013 through 2025, for his criminal defense work.

Gerry Spence’s Trial Lawyers College
In 2013, Brian was selected as 1 of only 55 trial lawyers nationwide to attend this invitation-only program in Wyoming, a credential reflecting both courtroom skill and standing among peers.

National Trial Lawyers
Brian has been named one of Michigan’s Top 40 Trial Lawyers Under 40 and one of Michigan’s Top 100 Criminal Defense Trial Lawyers.

Additional Recognition
Top 10 Criminal Defense Attorney in Michigan by the National Academy of Criminal Defense Attorneys; one of the 21 Best Criminal Defense Lawyers in Detroit by Expertise.com; DBusiness Magazine Top Lawyers 2025; AVVO Client Choice Award with a 10.0 rating; Top 10 Law Firm for Client Satisfaction by the American Institute of Criminal Law Attorneys.

Brian is licensed in all Michigan trial and appellate courts and in the U.S. District Court for the Eastern District of Michigan. As a sole practitioner, he personally handles every case from first consultation through resolution.

Start with a Free Consultation

Facing a statutory rape accusation or CSC charge is serious, and the decisions made in the earliest days of a case, including whether to speak to investigators, can shape everything that follows. Prain Law, PLLC offers a free initial consultation so you can speak directly with Brian Prain, understand your options, and decide how to move forward. We handle Criminal Sexual Conduct defense throughout Michigan, with strong roots in the Greater Detroit area.

Call (248) 731-4543 now to speak with Brian Prain directly. Your consultation is free, and the sooner you call, the more we may be able to do.