MICHIGAN : Rape/Molestation Statutes of Limitation
A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with another person and if any of the following circumstances exists:
1. That other person is under 13 years of age.
2. That other person is at least 13 but less than 16 years of age and any of the following:
a. The actor is a member of the same household as the victim.
b. The actor is related to the victim by blood or affinity to the fourth degree (incest).
c. The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.
d. The actor is a teacher, substitute teacher, or administrator of the public or nonpublic school in which that other person is enrolled.
3. Sexual penetration occurs under circumstances involving the commission of any other felony.
4. The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists:
a. The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
b. The actor uses force or coercion to accomplish the sexual penetration. Force or coercion includes, but is not limited to, any of the circumstances listed in subdivision (f).
5. The actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon (i.e., has a realistic-looking toy gun, puts a gun-shaped object in his pocket and wields it as if it were a concealed weapon, etc).
6. The actor causes personal injury to the victim and force or coercion is used to accomplish sexual penetration. Force or coercion includes, but is not limited to, any of the following circumstances:
a. When the actor overcomes the victim through the actual application of physical force or physical violence.
b. When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats.
c. When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, "to retaliate" includes threats of physical punishment, kidnapping, or extortion.
d. When the actor engages in the medical treatment or examination of the victim in a manner or for purposes that are medically recognized as unethical or unacceptable (i.e., a doctor who molests a patient through acting as if he's simply "examining" the victim).
e. When the actor, through concealment or by the element of surprise, is able to overcome the victim.
7. The actor causes personal injury to the victim, and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
8. That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:
a. The actor is related to the victim by blood or affinity to the fourth degree (incest).
b. The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.
Second-degree criminal sexual conduct entails all of the above, BUT there does not have to be sexual penetration, only sexual contact of some form.
Third-degree criminal sexual conduct occurs if the person engages in sexual penetration with another person and if any of the following circumstances exist:
1. That other person is at least 13 years of age and under 16 years of age.
2. Force or coercion is used to accomplish the sexual penetration.
3. The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
4. That other person is related to the actor by blood or affinity to the third degree and the sexual penetration occurs under circumstances not otherwise prohibited by this chapter. It is an affirmative defense to a prosecution under this subdivision that the other person was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by a preponderance of the evidence. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation.
5. That other person is at least 16 years of age but less than 18 years of age and a student at a public or nonpublic school, and the actor is a teacher, substitute teacher, or administrator of that public or nonpublic school. This subdivision does not apply if the other person is emancipated or if both persons are lawfully married to each other at the time of the alleged violation.
Fourth-degree criminal sexual conduct occurs if he or she engages in sexual contact with another person and if any of the following circumstances exist:
1. That other person is at least 13 years of age but less than 16 years of age, and the actor is 5 or more years older than that other person.
2. Force or coercion is used to accomplish the sexual contact. Force or coercion includes, but is not limited to, any of the following circumstances:
a. When the actor overcomes the victim through the actual application of physical force or physical violence.
b. When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute that threat.
c. When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute that threat. As used in this subparagraph, "to retaliate" includes threats of physical punishment, kidnapping, or extortion.
d. When the actor engages in the medical treatment or examination of the victim in a manner or for purposes which are medically recognized as unethical or unacceptable.
e. When the actor achieves the sexual contact through concealment or by the element of surprise.
3. The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
4. That other person is related to the actor by blood or affinity to the third degree and the sexual contact occurs under circumstances not otherwise prohibited by this chapter. It is an affirmative defense to a prosecution under this subdivision that the other person was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by a preponderance of the evidence. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation.
5. The actor is a mental health professional and the sexual contact occurs during or within 2 years after the period in which the victim is his or her client or patient and not his or her spouse. The consent of the victim is not a defense to a prosecution under this subdivision. A prosecution under this subsection shall not be used as evidence that the victim is mentally incompetent.
6. That other person is at least 16 years of age but less than 18 years of age and a student at a public or nonpublic school, and the actor is a teacher, substitute teacher, or administrator of that public or nonpublic school. This subdivision does not apply if the other person is emancipated or if both persons are lawfully married to each other at the time of the alleged violation.
There is no statute of limitations for first-degree criminal sexual conduct in Michigan.
Bob rapes 21-year-old Jane, during which he severely injures her, which is first-degree criminal sexual conduct. Since they live in Michigan, there is no limit of time for Jane to seek charges against Bob for his actions.
There is no statute of limitations for criminal sexual conduct committed by a person over the age of 18 against a person below the age of 18.
Bob, who is 21, commits an act of criminal sexual conduct against Jane, who is 14. Because he is over 18 and Jane is under 18, there is no limit of time within which Jane must seek charges against Bob. He can be prosecuted at any time.
All other acts of criminal sexual conduct must be prosecuted either by the victim's 21st birthday, or within 10 years of the incident, whichever is later.
Bob commits an act of criminal sexual conduct against 19-year-old Jane. Jane has 10 years from the incident to seek charges against Bob. Her 21st birthday is only 2 years away; therefore, the 10 year limit of time is longer.
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