What Is The Statute Of Limitations For A Sexual Abuse Charge Involving A Minor In Michigan?
- The statute of limitations for most criminal sexual conduct (in the 2nd, 3rd, and 4th degrees) is 10 years from the date of the crime or the victim’s 21st birthday (whichever is longer). 1st degree criminal sexual conduct does not have any statute of limitations.
There are two basic statutes of limitations in Michigan for sexual assault involving a minor.
For criminal sexual conduct in the second, third and fourth degree — so, anything other than first degree criminal sexual conduct — the statute of limitations is 10 years from the date the crime was committed, or by the alleged victim’s 21st birthday, whichever date is later.
So, for example, if a 5-year old was sexually abused, 10 years from the date of the abuse would pass when the child was 15 years old. So in that case, the statute of limitations would become 16 years, because that is when the child turned 21 (which is the longer amount of time, when compared to 10 years).
For first degree criminal sexual conduct in Michigan, there is no statute of limitations. A first-degree sexual conduct case can be brought at any time – it can be brought 10 years later, 20 years later, 30 years later, 40 years later, even 50 years later.
In these cases, it’s important to be clear about which charges are which degree of crime in terms of classification. So to review:
Criminal sexual conduct in the fourth degree is touching for a sexual gratification or sexual purpose without aggravating circumstances.
Criminal sexual conduct in the second degree is touching for a sexual gratification or sexual purpose with aggravating circumstances.
Examples of aggravating circumstances that would make a fourth degree charge into a second degree charge include the perpetrator being a teacher or a coach, or the victim being under 13 years old.
Criminal sexual conduct in the third degree is penetration without aggravating circumstances.
First degree criminal sexual conduct is penetration with an aggravating circumstance. Again, aggravating circumstances can be the perpetrator being a parent, a teacher, or a coach, and/or the victim being under 13 years old. First degree criminal sexual conduct has no statute of limitations, so a case can be brought at any time.
For more information on Child Sex Abuse Law in Michigan, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 509-0056 today.