When individuals think of sex crimes, they often think of forcible rape and child molestation. Though these two types of sex crimes make up a significant number of offenses in this area of law, they are not the only sex crime charges an individual may face. Statutory rape, for example, may not be “forcible” in the sense that some rapes are; however, it is a sex crime that is punishable by harsh penalties that can severely damage an individual’s life.
In most sex crime cases, prosecutors must prove that there was “sexual contact.” Under Michigan law, this phrase means touching an alleged victim’s intimate parts with the intention of obtaining sexual arousal or gratification. Sexual contact also involves touches to intimate parts when they are made in a sexual manner, out of anger, in an attempt to seek revenge, or to humiliate another. A touch may even be considered sexual contact if it meets the above mentioned elements but occurs outside an alleged victim’s clothes.
It is important to know, however, that in order for there to be sexual contact, the touching must be intentional. Therefore, if a criminal defendant can raise doubt as to whether or not they meant to touch an individual’s private parts, then a conviction may be avoided. All crimes have specific elements, each of which must be proven. If any aspect of the charges can be attacked, it should be, as doing so could lead to a successful criminal defense.
Attacking elements of a criminal allegation is crucial to a strong defense but can be difficult unless one knows how to do so. This is why those facing allegations related to a sex offense should think about whether the assistance of legal counsel will prove beneficial to them, their future, and their reputation.
Source: FindLaw, “Michigan Rape Laws,” accessed on July 15, 2016
