David G. Moore Attorney At Law
Former DA Prosecutor Now Fights for Your Rights
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(Kalamazoo and Southwest Michigan)

Can I be accused of a Michigan sex crime by my spouse?

Love knows no bounds. As poetic as that may sound, Michigan law is no romantic. In fact, the state of Michigan has several laws on the books that seek to prevent certain sexual acts. As admirable as these laws and their protective efforts are, they inevitably lead to false accusations, threatening to derail honest individuals' lives. That is why, if you are charged with a sex crime, you should create a legal strategy that can confront an aggressive prosecution.

One instance in which you may need such a defense is if your spouse accuses you of rape. Under the law, the fact that you are married to the alleged victim does not protect you from criminal prosecution. Therefore, you can still be accused of rape and sexual assault. Nonetheless, the basis of a criminal charge cannot solely rely on the fact that your spouse is younger than 16, or he or she is mentally incapacitated.

Every relationship, at one time or another, will see conflict. During these moments, allegations may fly that put you in the hot seat. Since sex crimes are treated so seriously in Michigan, it may feel like you have been found guilty without ever stepping foot in a criminal court. However, by seeking legal assistance, assessing the evidence against you, questioning witness credibility and utilizing the law, you may be able to escape serious penalties, including prison.

If you are accused of perpetrating a sexual offense against your spouse, then you are likely filled with emotions. You might be infuriated, ashamed, embarrassed and heart-broken. Yet, you cannot let those emotions interfere with your ability to fight for your freedom and your future. A competent Kalamazoo defense attorney may be able to help you do just that.

Source: Legislature.MI.gov, "Section 750.520l," accessed on Aug. 21, 20115

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