Michigan Criminal Sexual Conduct 3rd Degree: Law Explained
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In Michigan, criminal sexual conduct in the 3rd degree (CSC-3) involves sexual penetration under circumstances such as the use of force or coercion, or when the victim is between the ages of 13 and 15. It also applies to certain authority or caregiver relationships and situations involving mentally incapable or physically helpless victims.
Survivors in Michigan of criminal sexual conduct in the 3rd degree, which is a serious felony charge, often experience lasting physical, emotional, and psychological harm. Understanding how this crime is defined, the penalties involved, and your rights to pursue justice, both criminally and civilly, can help you begin to rebuild your life.
Because these cases are complex and deeply personal, survivors need an attorney who can navigate our state’s criminal laws, protect their confidentiality, and advocate for their recovery.
At Michigan Sexual Assault Lawyers, our attorneys are dedicated to fighting for survivors. We provide compassionate, trauma-informed representation while pursuing justice, accountability, and the compensation you deserve.
What is criminal sexual conduct in the 3rd degree in Michigan?
Under Michigan law (MCL 750.520d), criminal sexual conduct in the 3rd degree occurs when a person engages in sexual penetration with another person under specific aggravating circumstances.
CSC-3 differs from CSC-1 and CSC-2 in the following ways:
- CSC-1 involves sexual penetration combined with extreme aggravating factors, such as the victim being under 13, the use of weapons, or causing serious personal injury.
- CSC-2 involves sexual contact (touching, not penetration) with similar aggravating factors.
- CSC-3 falls between the two as it involves penetration, but without all of the same extreme circumstances that elevate a charge of CSC-1.
Here are some of the aggravating circumstances for criminal sexual conduct in the 3rd degree in Michigan under MCL 750.520d(1):
- The victim is 13, 14, or 15 years old
- The victim is 16 or 17 years old and the defendant is a teacher, administrator, or employee of the victim’s school or district.
- The victim is a special-education student between ages 16 and 25 and the defendant is a teacher, administrator, or employee of the institution providing special-education services.
- The victim and defendant are related within the third degree of kinship
- The victim was physically helpless, mentally incapable, or mentally incapacitated.
- The sexual penetration was accomplished through force or coercion
What are the penalties for criminal sexual conduct in the 3rd degree in Michigan?
In Michigan, the penalties for criminal sexual conduct in the 3rd degree (CSC-3), which is a felony, include:
- General penalty – Up to 15 years’ imprisonment. (MCL 750.520d(2))
- Sex Offender Registry – Under State law, a conviction for CSC-3 is a Tier III offense under MCL 28.722(v)(iv). A person convicted of CSC-3 must register as a sex offender for life pursuant to MCL 28.723(1)(a) and MCL 28.725(13).
- Restitution – When sentencing a defendant convicted of CSC-3, the court shall order restitution for expenses related to counseling, medical treatment, and lost wages. (MCL 769.1a(4); MCL 780.766(4))
Do I need a lawyer?
Survivors of sexual assault need an experienced, trauma-informed attorney to help them through the legal process, protect their privacy, and secure justice.
A sexual-assault lawyer can:
- Guide you through the criminal process – Explain every stage, from police reports to trial.
- Coordinate with prosecutors – Ensure your rights are protected throughout prosecution.
- Pursue civil remedies – File a separate civil lawsuit for compensation and accountability.
- Preserve confidentiality – File pseudonymous (“Jane Doe” or “John Doe”) pleadings and request protective orders.
- Hold institutions accountable – Investigate employers, schools, or property owners whose negligence contributed to the assault.
- Advocacy and support – Connect you with survivor-advocacy and counseling resources statewide.
How do I file a civil lawsuit related to a 3rd degree criminal sexual conduct case in Michigan?
A criminal case punishes the offender while a civil lawsuit allows survivors to recover financial compensation and money damages for the harm they have suffered. Even if there is no criminal conviction, you can still bring a civil claim because the burden of proof is lower, i.e., “preponderance of the evidence,” which means the survivor must show only that it is “more likely than not” that the assault occurred. (M Civ J 8.01(a)). This is a much lower burden than in a civil case where the prosecution must prove guilt “beyond a reasonable doubt.”
Potential defendants include:
- 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 maintain proper safety protocols or reporting procedures.
Your attorney will investigate, collect evidence, identify all responsible parties, and file in the appropriate court.
How long do I have to file a civil lawsuit?
In Michigan, the amount of time you have to file a civil lawsuit for 3rd degree criminal sexual conduct depends on whether you were an adult or a minor at the time of the assault:
- Adult survivors – Under MCL 600.5805(6), survivors have 10 years from the date of the assault to file a civil lawsuit.
- Survivors who were minors – Under MCL 600.5851b(1), minors may file until the latter of the two circumstances below occurs:
- They reach the age of 28, or
- Three years after discovering the connection between the assault and their injuries.
- Because limitations laws are intricate and evolving, Michigan survivors of criminal sexual conduct in the 3rd degree should contact an attorney promptly to preserve every possible claim.
What type of compensation is available?
In Michigan, civil lawsuits for 3rd degree criminal sexual conduct can provide compensation for both economic and noneconomic losses, including:
- Medical and psychological care expenses – Including psychiatric and psychological therapy, long-term counseling, doctor visits, hospitalization, surgery, and medications.
- Pain and suffering – Physical pain, emotional distress, trauma, anxiety, humiliation, and loss of enjoyment of life (M Civ JI 50.02).
- Exemplary damages – When conduct is willful, malicious, or wanton and shows reckless disregard for victims’ rights, exemplary damages may compensate for mental anguish, humiliation, outrage, indignity, and injury to feelings.
- Lost income and reduced earning capacity – For time away from work or lasting effects on career.
These categories are authorized under MCL 600.6305 and related State civil-jury instructions.
What elements must be proven for a 3rd degree criminal sexual conduct charge in Michigan?
According to Michigan law (MCL 750.520d(1)), the prosecutor must prove each of the following elements beyond a reasonable doubt for a 3rd degree criminal sexual conduct charge:
- That the defendant engaged in sexual penetration with another person.
- That the act occurred under one or more of the following circumstances:
- The victim was 13 to 15 years old.
- The victim was 16 or 17 and the defendant was a teacher, administrator, or employee of the school or district.
- The victim was a special-education student (16 to 25) and the defendant was a teacher or administrator in that program.
- The victim and defendant were related within the third degree of kinship.
- The victim was mentally incapable or physically helpless.
- The defendant used force or coercion to accomplish the act (including, but not limited to, the circumstances listed in MCL 750.520b(1)(f)(i)-(v)))(MCL 750.520d(1)(b))
Are there ways to keep my identity or information confidential in my case?
In many situations, Michigan survivors of criminal sexual conduct in the 3rd degree can take legal steps to protect their privacy during a civil sexual assault case. Depending on the circumstances, you may be able to proceed under a pseudonym such as “Jane Doe” or “John Doe” and request protective orders that limit the disclosure of your personal information, medical records, or other identifying details.
State courts permit survivors to file civil actions anonymously when public identification could expose them to emotional harm, retaliation, or renewed trauma.
Courts apply the balancing test outlined in Doe v Bodwin and Doe v Borromeo weighing the survivor’s privacy and safety interests against the public’s right to open judicial proceedings. Relevant factors include:
- Whether pursuing the case would force disclosure of intensely private or sensitive information.
- Whether the plaintiff is challenging governmental or private activity.
- Whether the plaintiff would be required to admit an intent to engage in illegal conduct.
In addition, several State laws and court rules provide specific privacy protections:
- MCL 780.758(1) and MCL 780.818 under the Crime Victim’s Rights Act limit disclosure of identifying information and may exempt victim data from public-record requests under the Freedom of Information Act.
- MCR 1.109(D)(9)(b)(vii) allows courts to issue orders making personal identifying information confidential.
- MCL 8.119(I) authorizes courts to seal records upon a showing of good cause to protect privacy or safety interests.
By working with an experienced attorney, Michigan survivors of criminal sexual conduct in the 3rd degree can request these protections early in the process to help ensure their identity and personal information remain confidential throughout the case.
Were you the victim of criminal sexual conduct in the 3rd degree in Michigan and need a lawyer? Let our attorneys help you get the justice you deserve!
Surviving a criminal sexual conduct in the 3rd 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.
Our sexual assault lawyers combine compassion with courtroom experience. We work tirelessly to help survivors of sexual abuse 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 today for a free consultation that is completely confidential.
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