When dealing with sexual assault and rape charges as a student at a college or university, you may be at risk of facing serious consequences. In serious instances, a conviction could lead to incarceration. A person charged with such offenses could benefit from the assistance of a skilled attorney. Schedule a consultation today to get started in building a defense against Michigan student defense sexual assault and rape charges.
Why do Colleges and Universities Aggressively Pursue Allegations of Sexual Assault?The institutions of higher education are responsible for their young students. They are tasked with ensuring that students are being protected. When some students do not behave appropriately, that should be addressed because the institution is responsible and acts in loco parentis for the students.
The school is responsible for the students' health and safety. They do not want these situations on their campus and want their campus to be known as a safe environment. College campuses try to protect their students and strive to give students a feeling of safety on campus. A student who makes other feel unsafe using sexually-intimidating actions could potentially be charged with Michigan student defense sexual assault and rape charges.
Do Schools Tend to Operate Under a Preponderance of Evidence Standard?The evidence standard is up to each individual student code of conduct. Usually, a college student code of conduct has a lesser standard than beyond a reasonable doubt. The school wants to make sure that benefit is given to the person in some respects while protecting the overall student body.
In a civil case, the evidentiary standard is a burden of persuasion. The burden of persuasion that applies in a civil case is known as a preponderance of the evidence. The plaintiff must prove to the satisfaction of a jury, that a specific event is more likely than not to have occurred. This allows a college campus to take action against something that might not be provable in a criminal court. However, it is close enough, or dangerous enough, that it has an impact on college campus life and therefore, the school can take action on it.
In regards to the safety of a general campus environment, a campus is more interested in the safety of everyone versus the rights of a specific individual. Their standards may be something like a preponderance of the evidence. That means 51 percent of the evidence versus 49 percent is enough to show a person is at fault.
The Role of Consent in Sexual Assault-Related ChargesThe issue of consent plays an important role in Michigan student defense sexual assault and rape charges. Sometimes, a person is unable to give permission because of mental incapacity or physical issues. In a case of statutory rape, a young person does not have the mental ability to consent.
In Michigan, the age of sexual consent is 16 for most parties. When an individual is in a position of authority such as a professor and the other party is under the age of 18, that is highly illegal. The age could go beyond that age when a special needs student is involved. Sometimes, a person cannot give consent even though it appears they can.
Contact a Michigan a Skilled Sexual Misconduct Student Defense AttorneyAttorneys can act as an advocate on your behalf when dealing with Michigan student defense sexual assault and rape charges. When charged with such offenses, friends and even family could be wary of showing support, however, an attorney can fight for your fights and minimize any consequences you could potentially face. Do not waste another second, be sure to get in touch with an attorney today.