Michigan Criminal Sexual Conduct 2nd Degree: Law Explained
Michigan Sexual Assault Lawyer Free Consultation
Hold your perpetrator accountable. Get the compensation and money damages you deserve. Request your free consultation today.
"*" indicates required fields
Criminal sexual conduct in the 2nd degree (CSC-2) is one of Michigan’s most serious sex-crime classifications. It involves sexual contact, rather than penetration, under specific aggravating circumstances such as the use of force, the victim’s age or vulnerability, or an abuse of authority.
Michigan survivors of criminal sexual conduct in the 2nd degree often experience deep and lasting trauma. The emotional, physical, and financial effects can persist long after the incident. Understanding your rights, your options for criminal and civil justice, and the protections available to you is the first step toward healing.
Because sexual assault cases are complex and highly sensitive, survivors need an attorney who not only understands the criminal and civil aspects of sexual-assault law but who also approaches the case with empathy and discretion.
At our law firm, our attorneys are dedicated advocates who help survivors pursue justice through every legal avenue available. We know how to protect your identity, hold individuals and institutions accountable, and secure the compensation you deserve.
What is criminal sexual conduct in the 2nd degree in Michigan?
In Michigan, under MCL 750.520c, criminal sexual conduct in the 2nd degree occurs when a person engages in sexual contact, not penetration, under any of several aggravating circumstances.
“Sexual contact” means the intentional touching of intimate parts (or the clothing covering them) for sexual arousal, gratification, or to degrade or humiliate the victim.
In Michigan, to prove criminal sexual conduct in the 2nd degree, prosecutors must show that sexual contact occurred and that one or more aggravating factors were present:
- Victim under 13 years old – Any sexual contact with a child under 13.
- Victim between 13 and 15 years old and one of the following applies:
- The defendant lived in the same household as the victim.
- The defendant was related to the victim by blood or marriage within the fourth degree.
- The defendant held a position of authority or trust (such as teacher, coach, or guardian) and used that power to coerce the victim.
- The defendant was employed by or volunteered in the victim’s school, childcare, or foster home setting and used that role to gain access or control.
- Use of force or coercion – The defendant used physical force, threats, or intimidation to accomplish the act.
- Weapon displayed or implied – The perpetrator used or displayed a weapon, or an object reasonably perceived as one.
- Victim incapacitated or helpless – The victim was mentally incapable, physically helpless, or mentally disabled and unable to consent.
- Victim injured – The assault caused personal injury, and the defendant knew or should have known of the victim’s incapacity or vulnerability.
- Aided or abetted by another – The defendant acted with one or more other persons to commit the offense.
In Michigan, criminal sexual conduct in the 2nd degree is a felony offense punishable by up to 15 years in prison and carries lifelong consequences, including mandatory sex-offender registration.
What are the penalties for criminal sexual conduct in the 2nd degree in Michigan?
The penalties for criminal sexual conduct in the 2nd degree (CSC-2), which is a felony, include:
- General penalty – Up to 15 years in prison. (MCL 750.520c(2))
- Lifetime electronic monitoring – If the defendant is 17 years or older and the victim is under 13, the court must impose lifetime electronic monitoring under MCL 750.520c(2)(b) and MCL 750.520n(1).
- Sex Offender Registry – A person convicted of CSC-2 must register on the Sex Offender Registry. If the victim was between 13 and 17 years of age or 18 years of age or older, then the CSC-2 is a Tier II offense and the perpetrator must register for the Sex Offender Registry to 25 years. (MCL 28.723(1)(a); MCL 28.722(t)(x) and (xi)); MCL 28.725(12)) However, if the victim was “less than 13 years of age,” the CSC-2 is a Tier III offense and the perpetrator must register for the Sex Offender Registry for life. (MCL 28.723(1)(a); MCL 28.722(v)(v); MCL 28.725(13))
- Restitution – Judges may order the offender to reimburse survivors for counseling, medical bills, and lost wages related to the assault. (MCL 769.1a(4); MCL 780.766(4))
Survivors should know that separate civil lawsuits can seek additional compensation for the harm caused.
Do I need a lawyer?
Survivors of criminal sexual conduct in the 2nd degree need an experienced Michigan lawyer to navigate the criminal process, protect their privacy, and pursue civil justice. A knowledgeable attorney will handle every legal step while prioritizing your safety and emotional well-being.
A sexual assault attorney can:
- Guide you through the criminal process – Explain investigations, charges, hearings, and sentencing.
- Coordinate with prosecutors – Ensure your rights and safety are protected throughout the criminal proceedings.
- Pursue civil remedies – File a civil claim for compensation and money damages that is separate from the criminal case.
- Preserve confidentiality – Request pseudonymous filings (“Jane Doe” or “John Doe”) and protective orders.
- Hold institutions accountable – Investigate whether a property owner, employer, school, or other entity failed to protect you.
- Advocacy and support – Help you connect with advocacy programs, counseling services, and trauma-informed care resources.
An attorney focused on survivors’ rights can empower you to recover financially, emotionally, and legally.
Our experienced sexual assault attorneys are here to answer any questions you may have about your case.
How do I file a civil lawsuit related to a 2nd degree criminal sexual conduct case in Michigan?
A civil lawsuit allows survivors to pursue financial compensation for the harm they’ve suffered. Even without a conviction, survivors may bring a civil claim because the burden of proof is lower (“preponderance of the evidence” as opposed to “proof beyond a reasonable doubt” which applies in criminal cases).
In Michigan, survivors of criminal sexual conduct in the 2nd degree may bring claims against:
- The perpetrator – For assault, battery, or intentional infliction of emotional distress.
- Employers, institutions, or organizations – If they negligently hired, supervised, or retained the offender and the assault occurred within the scope of employment.
- Schools, churches, or medical facilities – If they failed to provide adequate supervision, screening, or reporting procedures.
A qualified attorney will investigate all potential defendants, gather evidence, and file suit in the appropriate court. Evidence may include witness statements, police reports, medical records, digital communications, or prior complaints against the perpetrator.
How long do I have to file a civil lawsuit?
Michigan law gives adult survivors of criminal sexual conduct in the 2nd degree up to 10 years from the date of the attack to file a civil lawsuit for compensation and money damages under MCL 600.5805(6).
Survivors who were minors at the time of their assault have until the later of the following events to file their lawsuit, under MCL 600.5851b(1):
- “The individual reaches the age of 28 years.”
- “Three years after the date the individual discovers, or through the exercise of reasonable diligence should have discovered, both the individual’s injury and the causal relationship between the injury and the criminal sexual conduct.”
Because statutes of limitations on sexual assault are complex and sometimes extended by new legislation, survivors should consult our experienced attorneys as soon as possible to preserve their rights.
What type of compensation is available?
In Michigan, civil lawsuits for criminal sexual conduct in the 2nd degree can provide compensation for both economic and noneconomic damages, including:
- Medical and psychological care expenses – Hospitalization, doctor visits, surgery, psychiatric therapy, psychological therapy, medication, and long-term counseling.
- Lost income and reduced earning capacity – For time away from work or permanent impact on career.
- Pain and suffering – Including physical pain, emotional distress, trauma, anxiety, and loss of enjoyment of life.
- Loss of consortium or companionship – When trauma affects family relationships.
- Exemplary damages – When conduct is willful, malicious, or wanton, survivors may be able to recover exemplary damages for mental anguish, humiliation, outrage, indignity, or injury to feelings.
These categories are authorized under MCL 600.6305 and our state’s model jury instructions, including M Civ JI 50.02.
What elements must be proven for a 2nd degree criminal sexual conduct charge in Michigan?
In Michigan, to establish that a perpetrator is guilty of a 2nd degree criminal sexual conduct charge, the following elements must be proven, according M Crim JI 20.2:
- The perpetrator engaged in “sexual contact” with the victim; and
- One or more of the aggravating circumstances listed in the statute existed (e.g., victim under 13, relationship of authority, use of force, etc.) existed at the time of the assault.
Are there ways to keep my identity or information confidential in my case?
In Michigan, depending on the circumstances, it may be possible to file your criminal sexual conduct in the 2nd degree case using a pseudonym and to obtain protective orders for your personal information and records in order to keep your identity or information confidential in your case.
Our state law allows survivors of criminal sexual assault in the 2nd degree to file civil cases using pseudonyms such as “Jane Doe” or “John Doe” when disclosure could cause emotional harm, retaliation, or further trauma.
Courts apply the balancing test noted in Doe v. Bodwin and Doe v. Borromeo, which weigh a survivor’s privacy and safety interests against the public’s right to open proceedings. The factors that courts will to are whether:
- Prosecution of the suit compels the plaintiff to disclose information of a private nature.
- The plaintiff seeks to challenge governmental or private activity.
- The plaintiff is compelled to admit an intention to engage in illegal conduct.
Additionally, you may be able to take the following precautions to protect your privacy and confidentiality:
- Under our state’s Crime Victim’s Rights Act, MCL 780.758 and MCL 780.818, your information may be exempt from disclosure under the Freedom of Information Act and a criminal prosecutor can request that you not be compelled to testify at pretrial proceedings or at trial.
- Enter an order making any personal identifying information confidential. (MCR 1.109(D)(9)(b)(vii))
- Enter an order sealing the court records in your case based on a finding of good cause. (MCR 8.119(I))
Were you the victim of criminal sexual conduct in the 2nd degree in Michigan? Let our attorneys help you get the justice you deserve!
Surviving criminal sexual conduct in the 2nd degree in Michigan is devastating, but you don’t have to face the aftermath alone. Whether you’re considering reporting it to the police, pursuing a civil claim, or protecting your identity through confidential filings, our attorneys are here to guide you every step of the way.
The experienced team at Michigan Sexual Assault Lawyers combines compassion with courtroom experience. We work tirelessly to help survivors of criminal sexual conduct rebuild their lives and hold offenders, and negligent institutions, accountable.
We can help you:
- Understand your rights and legal options under our state’s law
- Connect with trauma-informed professionals for medical and emotional support
- Protect your privacy through careful case management and, when appropriate, pseudonymous filings
- Pursue justice through both criminal advocacy and civil compensation claims.
Our firm has built its reputation on helping survivors achieve justice with integrity, discretion, and unwavering advocacy. If you or a loved one has been sexually assaulted, don’t wait. Call our lawyers today for a free, completely confidential consultation.
Published:
Have Questions? Our Call Our Attorneys Now For A Free Consultation!
Understanding the Michigan statute of limitations for sexual assault can be overwhelming — especially while dealing with the emotional and physical impact of what you’ve endured. Our compassionate and experienced lawyers are here to help every step of the way.
We can explain how the law applies to your case, ensure all deadlines are met, and fight to secure the justice, accountability, and compensation you deserve. Call us today or fill out our contact form for a free, completely confidential consultation with a Michigan attorney who truly cares about protecting your rights.
Contact Us for Free Legal Advice
"*" indicates required fields