Lifetime electronic monitoring may be a consequence of sex crimes. Lifetime electronic monitoring will result in the offender having to wear a tracking device and be monitored by the government for a long time, if not for the rest of their life.
What is lifetime electronic monitoring?
Yes, under Michigan law, a victim does not need to resist sexual assault for the assailant to be convicted of first, second, third, or fourth-degree criminal sexual conduct. Therefore, arguing that a victim did not resist does not negate criminal sexual conduct.
Yes, an individual can be charged with criminal sexual conduct against their spouse. Consent is required regardless of who is engaging in sexual conduct. Additionally, arguing that there was a history of previous sexual assault in the relationship does not impact the charges.
The age of consent in Michigan is 16 years old if there is no exception to the facts. This means that anyone under the age of 16 cannot legally consent to sexual conduct. Adults who engage in sexual activity with someone under 16 will likely be charged with statutory rape in the first degree. If […]
When a defense of consent is being used by an accused, the jury will be informed of what consent is and that if the evidence provides reasonable doubt regarding there being consent, then the accused should not be found guilty of the crime. However, the evidence doesn’t need to show that the accuser resisted the […]
No, consent can never be assumed. Instead, before sexual activity is engaged, both parties should clearly understand the other party’s intent. Additionally, consent may be withdrawn after the sexual activity has begun, and the non-withdrawing party must stop the sexual conduct immediately or risk charges of criminal sexual conduct.
When the defense of duress is employed in Michigan, the jury will be instructed that the accused is not guilty of criminal sexual conduct if they committed the crime under duress. In determining duress, the jury may consider if the following are true: The accused was threatened with harm if they didn’t carry out sexual […]
If the defendant intends to establish an alibi, they must notify the prosecution at least ten days before trial or 15 days after the arraignment. The notice should contain the information known by the defendant, such as names of witnesses who will be called to establish the alibi and specifics concerning the place the defendant […]
No, the defendant is not required to testify at their trial to use the alibi defense. Instead, the defendant can call witnesses and present physical evidence that supports the alibi defense.
The statute of limitations depends on the degree of criminal sexual conduct being charged and whether DNA evidence was used. For example, a first-degree criminal sexual conduct charge has no statute of limitations, meaning that the prosecution may charge the defendant at any time. The statute of limitations for second, third, and fourth-degree criminal sexual […]