Sexual Consent and Rape Defense

Being accused of sexual assault or rape is one of the most devastating allegations a person can face. These charges carry not only the threat of years in prison and lifetime sex offender registration, but also a stigma that can destroy reputations, careers, and families before a trial even begins.

I know how to fight these cases. I understand the complexity of consent laws in Michigan, and I know how to challenge allegations that rest on shaky ground. When everything is at stake, you need an attorney who doesn’t hesitate.

Call Now: I’m Ready When You Are.

What My Clients Say

“Here’s the bottom-line: you need to call Shannon Smith if you’re accused of a sex crime. She knows how to stand up in-front of a jury, gain their trust, and earn you back your freedom. If the life and future of you or your loved one is valuable to you, can you afford NOT to have Shannon Smith on your side? There is no one like her when it comes to criminal sexual conduct cases, and the entire criminal defense attorney community knows it.”

– Brian P.

“Energy, enthusiasm, commitment to the client even with the controversial nature of law. Shannon has a keen interest in her trade and demonstrates it in many different ways. Often attorneys will take clients for granted and not help them understand the process. Not with Shannon.”

– Greg B.

“If you have been charged with any type of sex crime Shannon Smith is one of the most aggressive, and knowledgeable attorneys you could hire. She teaches other lawyers how to handle these types of cases. I would highly recommend her.”

– Aaron B.

Consent Laws and Rape Charges in Michigan

At the center of many sexual assault cases is the question of consent. What one person believes was a consensual encounter may be described very differently by another.

In many of these cases, the alleged victim will claim they were physically helpless at the time of the allegations, often claiming that alcohol impaired their ability to consent. In many cases, alleged victims will act perfectly normal but have lapses in their memories due to blacking out. We appreciate that these situations can be very serious; however, what matters in defending these allegations is the state of mind of the accused about the ability to consent by the alleged victim.

Unfortunately, once an accusation is made, the system often presumes guilt and puts the burden on the accused to prove their side of the story.

Michigan law defines rape and sexual assault under the umbrella of criminal sexual conduct, but the key question in many of these cases is whether consent was given.

Here’s how consent is defined under Michigan law:

Consent means a voluntary agreement to engage in sexual activity. Lack of resistance does not automatically mean consent.
Intoxication or incapacity can prevent someone from legally being able to consent.
Age matters. A person under 16 cannot legally consent, regardless of the circumstances. Child sexual assault allegations are some of the most serious, and require a strong defense.
Authority or power dynamics (teacher-student, coach-athlete, employer-employee) can also complicate whether consent was legally valid.

If sexual contact of any kind was initated without consent, rape charges can be brought forward. These charges in Michigan can include:

First-degree sexual assault: Sexual penetration with force, injury, or involving a victim under 13; punishable by up to life in prison.
Second-degree sexual assault: Sexual contact (not penetration) with aggravating factors, punishable by up to 15 years in prison.
Third-degree sexual assault: Sexual penetration without consent, or with a victim between 13 and 15; punishable by up to 15 years in prison.
Fourth-degree sexual assault: Sexual contact without consent, punishable by up to 2 years in prison.

These charges are prosecuted aggressively, and the consequences extend far beyond the courtroom. Regardless of degree, sexual assault charges carry the potential for being registered as a sex offender.

To defend against these life-altering consequences, it’s crucial that you contact an experienced sex crimes defense attorney as soon as possible.

Call Now: I’m Ready When You Are.

Defending Against Sexual Assault and Rape Charges

Sexual assault defense requires a clear, aggressive strategy. Too often, these cases come down to one person’s word against another’s, leaving enormous room for doubt. My role is to expose that doubt and make sure your side of the story is heard.

Here’s how I do it:

Challenging inconsistencies in statements, motives to fabricate, and contradictions in testimony.
Investigating communications or behavior before and after the alleged incident that support the presence of consent.
Demonstrating whether intoxication truly impaired a person’s ability to consent.
Challenging physical or medical evidence
Presenting alternative explanations for injuries or behavior
Filing motions to limit damaging publicity that could bias jurors.

Every allegation is unique, but the stakes are always the same: your freedom, reputation, and future. I don’t wait for the prosecution to set the tone. I start building your defense from day one.

I start building your defense from day one.

Why Choose Shannon Smith Law

Sexual assault and rape cases are some of the toughest cases for a lawyer or a defendant to handle. They require not only bravery in the courtroom, but also the courage to stand up against public opinion and stigma.

I’ve devoted my career to defending clients against sexual assault and rape cases across Michigan because I believe that everyone is entitled to a fierce defense of their rights.

Clients choose me because:

I understand how to dissect consent issues and present them to a jury
I have secured acquittals in high-profile, high-stakes sex crimes trials
I fight relentlessly, no matter how unpopular the case may be
I treat every client with dignity and respect, no matter what they’ve been accused of

When the accusation is rape, you can’t afford hesitation. You need a defense lawyer who understands the law and the stakes of your charges.

Call Now: I’m Ready When You Are.

FAQs

Can false rape allegations really happen?

Yes. False or mistaken accusations happen, sometimes due to regret, custody battles, or pressure from others. I know how to expose these situations.

What if the encounter was consensual, but the other person says otherwise?

This is the most common scenario that results in a person facing false or mistaken sexual assault allegations. I work to uncover evidence such as texts, calls, or witness accounts that can demonstrate consent. I also focus on cross-examination and challenging witness statements.

Contact a Nationally-Recognized Sex Crimes Defense Attorney Today

If you’ve been accused of sexual assault or rape in Michigan, every moment matters. Prosecutors and investigators are already building a case against you — now it’s time to build yours.