Criminal Sexual Conduct

Criminal Sexual Conduct and Positions of Authority

By September 24, 2013May 8th, 2020No Comments

If you are accused of a criminal sexual conduct crime, it is important to have the best defense team. Smith Blythe, PC has represented many clients charged for a wide variety of sex crimes. Some cases are charged based on the age of the complainant alone. Other cases can be charged based on the relationship status between the people involved. Shannon Smith has represented multiple teachers who were charged with sex crimes based on the fact that they had a teacher-student relationship, even though the complaining witness was over the legal age. Therapists/psychologists who engage in sexual contact with patients is another type of crime that can be charged under these same laws. Finally, sex crimes are also charged when people who work in jails such as the deputies are accused of having sexual contact with inmates. Michigan law categorically makes this kind of contact illegal.

This month, an Oakland County sheriff’s deputy was accused of second degree criminal sexual conduct after having sexual relations with a prisoner. Even though the sexual act was considered to be consensual, the state of Michigan considers the act to be a crime because technically, a prisoner cannot give consent to a deputy who is in a position of authority.

Because of the broad language in Michigan criminal sexual conduct laws, it seems like there is nobody who is immune to these types of accusations and charges. Seemingly more and more, people alleged to be in “positions of authority” are being charged. Also, in many of the cases at the Law Offices of Shannon Smith, the prosecution improperly raises the argument that a person was in a position of authority when in fact, this is incorrect.

Michigan case law construes when position of authority cases are appropriately charged. Teachers/student cases, deputy/inmate cases and therapist/patient cases are fairly cut and dry. In cases where allegations stem from babysitters, family members and other types of relationships, a skilled attorney will need to look at all of the surrounding facts of a case to determine if the charge is appropriate.

If you are in a position of authority and have been accused of a criminal sexual conduct crime, please call Smith Blythe, PC. You may be in shock when you hear the charges that are being brought against you, especially if a sexual act did occur and was in fact consensual, but it is important to understand the state’s laws when it comes to criminal sexual conduct. We can help navigate the complicated laws for you and defend you to the best of our ability.

Author Shannon Smith

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Michigan Criminal Sexual conduct Lawyer