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RAPE

•  The term rape has not been defined in Michigan Penal Code.

•  However, the terms like sexual contacts and sexual penetration has been defined in the code so as to constitute an offence of Rape.

•  Rape as per the code may be any criminal sexual conduct of the following degrees:

1. sexual conduct of the first degree
2. sexual conduct of the second degree
3. sexual conduct of the third degree
4. sexual conduct of the fourth degree

DEFINITIONS

•  ?Actor? means a person accused of criminal sexual conduct.

VICTIM

•  ?Victim? means the person alleging to have been subjected to criminal sexual conduct.

SEXUAL CONTACT

•  ?Sexual contact? includes:

1. the intentional touching of the victim's or actor's intimate parts or
2. the intentional touching of the clothing covering the immediate area of the victim's or actor's intimate parts, if that intentional touching is for the purpose of sexual arousal or gratification, done for a sexual purpose, or in a sexual manner for:
   • Revenge.
   • To inflict humiliation.
   • Out of anger.

SEXUAL PENETRATION

?Sexual penetration? means

1. sexual intercourse,
2. cunnilingus,
3. fellatio,
4. anal intercourse, or
5. any other intrusion, however slight

of any part of a person's body or of any object into the genital or anal openings of another person's body, but emission of semen is not essential.

FORCE OR COERCION

•  Force or coercion includes but is not limited to any of the following:

1. the actual application of physical force or physical violence by the actor upon the victim.
2. threatening to use force or violence on the victim to make the victim submit.
3. threatening to retaliate (threats of physical punishment, kidnapping, or extortion) in the future against the victim, or any other person.
4. 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.
5. When the actor, through concealment or by the element of surprise, is able to overcome the victim.

CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE

A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with the victim and if any of the following circumstances exists:

a.  That other person is under 13 years of age.

b.  That other person is at least 13 but less than 16 years of age and any of the following:

1. The actor is a member of the same household as the victim.
2. The actor is related to the victim by blood or affinity to the fourth degree.
3. The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.
4. The actor is a teacher, substitute teacher, or administrator of the public or nonpublic school in which that other person is enrolled.

c.  Sexual penetration occurs under circumstances involving the commission of any other felony.

d.  The actor is aided or abetted by one or more other persons and either of the following circumstances exists:

1. The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
2. The actor uses force or coercion to accomplish the sexual penetration.

e.  The actor is armed with a weapon

f.  The actor causes personal injury to the victim and force or coercion is used to accomplish sexual penetration.

g.  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.

h.  That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:

1. The actor is related to the victim by blood or affinity to the fourth degree.
2. The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.

PENALTY

•  The criminal sexual conduct in the first degree may be punished with imprisonment in the state prison for life or for any term of years.

CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE

•  A person is guilty of criminal sexual conduct in the second degree if the person engages in sexual contact with the victim and if any of the following circumstances exists:

a.  That other person is under 13 years of age.

b.  That other person is at least 13 but less than 16 years of age and any of the following:

(i) The actor is a member of the same household as the victim.

(ii) The actor is related by blood or affinity to the fourth degree to the victim.

(iii) The actor is in a position of authority over the victim and the actor used this authority to coerce the victim to submit.

(iv) The actor is a teacher, substitute teacher, or administrator of the public or nonpublic school in which that other person is enrolled.

c.  Sexual contact occurs under circumstances involving the commission of any other felony.

d.  The actor is aided or abetted by one or more other persons and either of the following circumstances exists:

1. The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
2. The actor uses force or coercion to accomplish the sexual contact. Force or coercion includes, but is not limited to, any of the circumstances listed in sections 520b(1)(f)(i) to (v).

e.  The actor is armed with a weapon, or any article used or fashioned in a manner to lead a person to reasonably believe it to be a weapon.

f.  The actor causes personal injury to the victim and force or coercion is used to accomplish the sexual contact.

g.  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.

h.  That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:

(i) The actor is related to the victim by blood or affinity to the fourth degree.

(ii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.

•  Criminal sexual conduct in the second degree is a felony punishable by imprisonment for not more than 15 years .

CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE

•  A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with the victim and if any of the following circumstances exist:

(a) That victim is at the age between 13to 16 years of age.

(b) Force or coercion is used to accomplish the sexual penetration. (c) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.

(d) That other person is related to the actor by blood or affinity to the third degree and the sexual penetration occurs.

(e) 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.

•  Criminal sexual conduct in the third degree is a felony punishable by imprisonment for not more than 15 years .

CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE

•  A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with the victim 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.
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.
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.
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.

PENALTY

•  Criminal sexual conduct in the fourth degree is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $500.00, or both.