Criminal Sexual Conduct (CSC) has different degrees of seriousness under Michigan law from 1st through 4th. 1st degree criminal sexual conduct carries a maximum possible penalty of life in prison in Michigan. CSC, like murder, can be charged under different theories and it is vital for the csc attorney to understand with exquisite detail the prosecution's theory of sexual misconduct in developing a defense.
Often the prosecution will charge a case based on a lack of consent. It is important to understand what the facts will show before fully commiting to a defense. If a sexual act appears to have occurred, the best defense can be that it occurred but that the accused person acted with consent. In several situations, the prosecution's case in a criminal sexual conduct charge depends on whether the jury will believe a complaining witness's testimony beyond a reasonable doubt. In other situations, the prosecution's case rests on the reliability of DNA or other so-called forensic evidence.
Mike Nichols of East Lansing is an experienced Michigan rape attorney and has handled several rape and sexual misconduct cases throughout Lansing, East Lansing and all over Michigan. Mike Nichols is an expert in forensic evidence and is uniquely qualified to challenge testimony from crime lab witnesses. His successes range from many high profile cases involving police officers who were accused of criminal sexual conduct, to campus rape charges, even the successful defense of several women who claimed that they were sexually assaulted in and around Michigan State University but later admitted that they were not victims. Contact a Michigan rape attorney.
For over 5 years, many families have been torn apart by disciplinary procedures at college campuses that were driven by the U.S. Department of Education’s “policy guidance” on the enforcement of a federal law known as “Title IX,” (20 USC sec 1681). On Friday, September 22, 2017, that guidance was withdrawn.
The April, 2011 letter “guidance on sexual violence” was issued by the Office of Civil Rights under the Obama administration. That document was followed 3 years later by an April, 2014 statement. The 2 documents had the effect of drastically changing the landscape of fighting against a school’s efforts to discipline a student accused of sexual assault or a faculty member or other “member of the campus community” accused of sexual harassment.
Use of the Preponderance of the Evidence Standard to Discipline or Expel a Student
Denial of Due Process Such as the Right to Cross Examine the Accuser
Granting the Accuser Appellate Rights When the Process Determines No Assault/Violation Occurred
At issue for universities was whether federal funding would be jeopardized because of violations of Title IX if the University was deemed to fail to pursue allegations of campus sexual assault “aggressively enough.” Attorney Mike Nichols of East Lansing has handled many such cases and thinks the question now is what will happen at Michigan’s largest university, Michigan State University, in terms of implementing changes that result from withdrawal of the previous guidance. Nichols can be reached at 517-432-9000 or contact us.
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The information contained in this web site is neither legal advice nor is it intended to be legal advice. The information contained in this web site is general information designed to give the reader a basic understanding of some legal concepts about what we do in these areas.
3452 East Lake Lansing Road
East Lansing, MI 48823-1511
