Michigan Marital Rape Statutes

Michigan's criminal code provides that there is no exemption for a charge of marital rape except where the accusation arises solely from the fact that the spouse is under 16, is mentally incapable or mentally incapacitated.

Current Michigan Law

The following are provisions under which a spouse may allege sexual abuse by an offending spouse:

Criminal sexual conduct in the third degree

Section 750.520d(1) provides that a person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration under the following circumstances:

(a) That other person is at least 13 years of age and under 16 years of age.

(b) Force or coercion is used to accomplish the sexual penetration.

(c) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.

(d) That other person is related to the actor by blood or affinity to the third degree and the sexual penetration occurs under circumstances not otherwise prohibited by this chapter. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation.

Criminal sexual conduct in the fourth degree

Sec. 750.520e(1) states that a person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with another person and if any of the following circumstances exist:

(a) That other person is at least 13 years of age but less than 16 years of age, and the actor is 5 or more years older than that other person.

(b) Force or coercion is used to accomplish the sexual contact. Force or coercion includes, but is not limited to, any of the following circumstances:

(i) When the actor overcomes the victim through the actual application of physical force or physical violence.

(ii) When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute that threat.

(iii) When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute that threat. As used in this subparagraph, "to retaliate" includes threats of physical punishment, kidnapping, or extortion.

(v) When the actor achieves the sexual contact through concealment or by the element of surprise.

(c) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.

(d) That other person is related to the actor by blood or affinity to the third degree and the sexual contact occurs under circumstances not otherwise prohibited by this chapter. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation.

Penalties

Criminal sexual conduct in the third degree is a felony punishable by imprisonment for not more than 15 years.

Criminal sexual conduct in the fourth degree is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $500.00, or both.

Find an Attorney

If you have been charged with marital rape in Michigan, you can face jail time up to 15 years as well as possible fines. Marital exemptions can be asserted in limited circumstances. Find an experienced attorney to ensure your rights are protected throughout the case.