In this post, we're going to take a deeper look into the four degrees or offenses of sexual abuse and what Michigan's Statute of Limitations is for each one. We covered the types briefly in one of the recent posts but I think it would be beneficial to take a closer look especially since the statute of limitations can get slightly confusing. RAINN (Rape, Abuse, and Incest National Network) has a very easy guide for what the statute of limitations is in each state. They pull from the Sexual Assault Benchbook created by the Michigan Judicial Institute which was last updated in 2024.
This Benchbook was created in order to prevent sexual abuse. It's long and lengthy though and not many people would willingly read it. It's also not the easiest to understand because it contains a lot of legal jargon. But you don't have to read this paper in order to spread awareness, work towards prevention, and fight for justice. Simpler ways such as stickers, shirts, bracelets, and other small ways to start conversations. You could also read books and articles about sexual abuse, and recommend those books to friends and families. Some hard but incredibly good and educational reads are: Rid of My Disgrace, My Daddy the Pedophile: A Memoir, Healing the Scars of Childhood Abuse, and A Child Called It. You can watch and recommend movies such as Believe Me (a book and a movie) and Sound of Freedom. I will be doing some book and movie reviews that include the ones listed here at some point in this blog. There are so many resources out there to use, learn, and spread. You just need to look.
Criminal sexual conduct in the first degree is when the perpetrator or actor as the Benchbook calls the offender, engages in sexual penetration (defined by sexual intercourse, cunnilingus, fellatio, anal intercourse, or “intrusion” into a genital or anal opening by any other body part or object) and one of the following circumstances occurs:
The victim is under 13 years of age
The victim is at least 13 but less than 16 and any of the following:
The perpetrator is a member of the same household
The perpetrator is related to the victim by blood or affinity
The perpetrator is in a position of authority over the victim and uses that authority for coercion
The perpetrator is a teacher, substitute teacher, or administrator in the school in which the victim is enrolled
The perpetrator is an employee or contractual service provider for the school where the victim is enrolled
The perpetrator is an employee, contractual service provider, or volunteer of a childcare organization or a person licensed to operate a foster family home/group home where the victim is a resident
The perpetrator is aided or abetted by one or more other people
The perpetrator causes personal injury to the victim
The perpetrator knows or believes that the victim is mentally incapable, mentally incapacitated, or physically helpless
The perpetrator uses force or coercion
The perpetrator is armed with a weapon or something fashioned like a weapon
The perpetrator uses physical force or violence to overcome the victim
The statute of limitations in Michigan for criminal sexual conduct of the first degree (CSC-I) says that there is no time limit for the victim to come forward and for the offender to be indicted. This is a felony charge and is punishable by imprisonment for life or any term of years unless the crime is committed by an individual seventeen years or older to someone 13 or younger—in this case, the punishment cannot be less than 25 years. The other exception is when the crime is committed by an individual 18 or older to a person of 13 or younger and was previously convicted of this crime—they would get life without parole. The offender would also be electronically monitored for the rest of their lifetime and would be required to register on the sexual offender registration.
With CSC-I, there is no time limit for the victim to come forward and for the offender to be indicted.
Second-degree (CSC-II) involves sexual contact (defined as any deliberate touching of another person’s intimate parts. It can also be defined as the deliberate touching of another person’s clothing covering intimate parts for sexual arousal) coupled with the circumstances listed for CSC-I. The only difference is that it does not involve penetration. The statute of limitations is also different for CSC-II, at least in Michigan. There are two different limitations to this crime. The first is if the victim is 18 or older and the second is if the victim is under age 18.
If the victim is 18 or older an indictment for this crime or attempted crime may be found and filed as follows:
An indictment may be filed within 10 years after the offense is committed or by the victim's 21st birthday, whichever is later
If evidence of the offense is obtained and it contains DNA that is not from the victim, an indictment may be filed at any time. However, after the perpetrator is identified, the indictment may be filed just like the first point.
If the victim is under the age of 18 an indictment may be found and filed as follows:
Within 15 years of the crime or by the victim's 21st birthday, whichever comes later
If evidence is obtained it follows the same rules as the second point in the 18 or older list except the victim has 15 years, not 10.
CSC-II is a felony charge and is punishable by imprisonment for not more than 15 years. The perpetrator is eligible for parole in this degree and they must be sentenced to a lifetime of electronic monitoring. Registration in the sex offender register is required as well.
Third-degree criminal sexual conduct (CSC-III) involves sexual penetration coupled with certain circumstances:
The victim is between 13 and 16 years of age
Whe penetration is accomplished by force or coercion
When the victim is mentally incapable, incapacitated, physically helpless
Michigan's statutes of limitations for the third degree are exactly like the limitations for CSC-II. If the victim is 18 or older, they have 10 years or until their 21st birthday, whichever is later, to file an indictment. If the victim is younger than 18, they have 15 years or by their 21st birthday, whichever is later.
CSC-III is a felony charge and is punishable by no more than 15 years of prison, no possibility of parole, and requires them to be registered in the sex offender registry.
CSC-IV involves sexual contact and the following circumstances:
The victim is between 13 and 16 and the perpetrator is 5 or more years older than their victim
To accomplish sexual contact, force or coercion was used
When the victim is mentally incapable, incapacitated, or physically helpless, and the actor knows or has reason to know
The statute of limitations for the fourth degree is as follows: an indictment may be filed within 10 years after the offense or by the victim's 21st birthday, whichever is later. And if evidence, including DNA, is found, the indictment can be filed at any time—however, once the perpetrator has been identified, the victim has 10 years or until their 21st birthday to file an indictment.
CSC-IV is a misdemeanor punishable by imprisonment for no more than 2 years or a fine of not more than $500 or both. If they are imprisoned, they are eligible for probation. And more than likely, they would be put on the sex offender registry.
The perptrator is required to be registered in the sexual offender registry no matter of the degree
In my opinion, Michigan goes too easy on perpetrators. Perhaps they need to rethink their decision to get rid of the death sentence when it comes to this crime because it isn't just a physical crime. Yes, it hurts them physically, but it also damages them emotionally, spiritually, mentally. It murders them inside and changes them completely from the person they were before the crime was committed against them.
You hear stories of how other prisoners would treat a fellow inmate when they hear that they sexually abuse someone, especially if it's a child. Those stories give me satisfaction and relief even if that makes me sound like a bad person. Even people who murdered, stole, and did other crimes see this one as the worst and they take that person's punishment into their own hands. Good riddance, I say. The fewer sexual predators we have walking around the better.
That may seem particularly harsh coming from a Christian, but Christ Himself said it was better that they be dead, drowned even—one of the worst ways to die—than for a person to harm one of His children.
If you have any further questions, more book/article/movie recommendations, blog topic requests, or want a safe space to talk, feel free to comment on this post or send me a message!
For the suicide and crisis lifeline, dial 988.
— Live well and laugh often, Ravens. Signing off for now, Hyperactive Raven <3
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