Michigan Sexual Battery Laws

Sexual Battery in Michigan refers to sex crimes not typically covered by rape statutes, such as unlawful sexual contact. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In Michigan, sexual battery is codified in the law under 4th degree criminal sexual conduct, defined as engaging in sexual contact with another person and if any of the following circumstances exist:

• victim 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.
• Force or coercion is used to accomplish the sexual contact.
• knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
• victim 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 does not apply if both persons are lawfully married to each other at the time of the alleged violation.
• The actor is a mental health professional and the sexual contact occurs during or within 2 years after the period in which the victim is his or her client or patient and not his or her spouse. The consent of the victim is not a defense to a prosecution under this subdivision. A prosecution under this subsection shall not be used as evidence that the victim is mentally incompetent.

Penalties for Sexual Battery in Michigan 

The penalty for sexual battery classified under Criminal sexual conduct in the 4th degree is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $500.00, or both.

Defense of a Sexual Battery in Michigan 

The list of defenses for Sexual battery in Michigan here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Michigan  

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.