1st Degree
1) Penetration (Sexual intercourse, anal intercourse, cunnilingus, fellatio, intrusion of any other body part or object in genital or anal openings) and
2) Any of the Following:

• Victim is under age 13
• Victim is 13, 14, or 15 and one or more of the following:
  a. blood affiliation
  b. in same household
  c. actor is in authority position
• Actor is in the process of committing another felony
• Multiple actors involved and one or more of the following:
  a. victim incapacity (mentally defective, mentally incapacitated, and/or physically helpless)
  b. force or coercion (e.g. application or threat of physical force/violence, threat of retalliation, medical treatment/ examination in a manner recognized as unethical/unacceptable, overcoming through concealment/element of surprise)
• Weapon involved (or leads victim to believe weapon involved)
• Personal injury (bodily injury, disfigurement, mental anguish, chronic pain, pregnancy, disease, loss or impairment of a sexual or reproductive organ) and force or coercion
• Personal injury and victim incapacity

2nd Degree
1) Sexual Contact with genital area, groin, inner thigh, buttock, or breast and
2) Any of the circumstances listed for 1st Degree

3rd Degree
1) Penetration and
2) Any of the following:

• Victim is 13, 14, or 15
• Force or Coercion
• Victim Incapacity

4th Degree
1) Sexual contact and
2) Any of the following:

• Force or coercion
• Victim incapacity
• Actor works in the Dept. of Corrections and victim is an inmate

Corroboration of victim's testimony, resistance by victim, emission of semen
Not required

Evidence of victim's previous sexual conduct (Rape Shield)
Examples, evidence, or reputation of victim's sexual conduct are not admitted as evidence, with these exceptions, if allowed to be introduced by trial judge:

• Evidence of the victim's past sexual conduct with the actor, and/or
• Evidence of specific instances of sexual activity proving the origin of semen, pregnancy, or disease

Suppression of names and details
At the request of either counsel, victim, or actor, the names of victim, actor, and/or details of the alleged offense will be suppressed until the actor is arraigned, the charge is dismissed, or the preliminary exam is concluded, whichever occurs first.
Note: Court proceedings, with rare exception, are open to the public. The suppression of the victim's name is a custom of the media and is not addressed by Michigan Law.

Sexual Assault on spouse (Marital Rape)
A person can be charged and convicted of CSC on a spouse. Divorce papers and/or separate domiciles are not required. A person may not be charged and convicted solely because his/her legal spouse is under age 16, mentally incapable, or mentally incapacitated.

Statutory Rape
This term no longer used; covered under this statute

Subsequent offense
A person convicted of a criminal sexual conduct in the 1st, 2nd, or 3rd degree who is subsequently convicted of another criminal sexual conduct in the 1st, 2nd, or 3rd degree will receive mandatory minimum sentence of 5 years.

Assault with intent to commit sexual penetration or sexual contact
Also covered under this statute

Hospital personnel are to inform sexual assault victims of the availability of the kit, and with the patient's consent are to perform the procedures outlined in the kit, submitting the sealed kit to Michigan State Police for laboratory analysis.

Counseling sessions at a sexual assault or domestic violence crisis center are confidential; notes or counselors may not be subpoenaed unless the victim has given written consent.
Exception: Information which must be disclosed under the Child Protection Law

Two years is allowed for the victim to bring an action charging assault, battery, or false imprisonment.

Three years is allowed for the victim to bring an action which results in personal injury

A person who is under a disability (a condition of mental derangement which prevents the sufferer from comprehending rights he/she is otherwise bound to know) when the assault occured, has one year from the time the disability is removed to file suit.

Note: The following cases are further defining Michigan law:

Disability Meiers-Post v. Schafer 170 Mich App 174 (1988): Post- traumatic stress disorder with repression of memory constitutes disability under statute, but there must be corroboration of the alleged abuse in order to allow the one-year grace period to apply.

Lemmerman v. Fealk Michigan Court of Appeals (1993): Repression of memory constitutes disability under statute and no corroboration required to apply one-year grace period.

Not yet decided by appellate courts: whether mental derangement (e.g. multiple personality disorder) which prevents sufferer from comprehending rights (where MPD survivor is unable to have sufficient number of alters who understand abuse and rights) prevents triggering of grace period, even though survivor has recovered memories of abuse.

Delayed Discovery
Moll v. Abbott Laboratories Michigan Court of Appeals (1993): The appropriate standard for deciding when the statute of limitations begins to run is when plantiff discovers or should have discovered the injury and its possible cause.

In absence of disputed facts, the trial judge will determine whether or not the statute of limitations bars a victim's civil suit.

If the victim was 18 years or older when the offense was committed, he/she has six years to bring criminal charges.

If the victim was under 18 when the offense was committed, criminal charges may be brought until the victim is twenty-one years old or six years after the most recent incident, whichever is later.