What Is the Legal Difference Between Sexual Assault and Rape

In Michigan all crimes involving sexual assault go by the broad term of criminal sexual conduct. These are crimes involving some degree of sexual violence.

The word “rape” does not itself appear within our criminal laws. Instead, rape is used as a generic term to refer to what happens when you have non-consensual sexual intercourse with another person, especially when either physical force or threats are used to get the other person to submit to the sex act.

Age is an important factor in Michigan sex crimes law. We discuss the concept of age of consent elsewhere.

What Is the Legal Definition of Rape in Michigan

As indicated, unlike some states that treat rape and sexual assault basically as the same thing Michigan sexual assault laws see things differently. Because the word “rape” is not used in Michigan to define criminal activity, the crime of rape would be most consistent with the kind of sexual abuse Michigan refers to as criminal sexual conduct involving penetration.

The term “penetration” is defined by Michigan criminal law, and includes types sexual intercourse, essentially meaning penetration, of a person’s genitals or anus. It also includes oral sex. Ejaculation is not required.

The two crimes in Michigan that are closest to what most people mean when they say rape would be criminal sexual conduct in the first degree and criminal sexual conduct in the third degree. Both of these crimes involve sexual penetration, and are explained in more detailed on our Michigan Criminal Sexual Conduct page.

What Is the Legal Definition of Sexual Assault in Michigan?

In criminal law, the term “assault” is used to describe an unwanted touching. If you touch someone without their intent, and the prosecutor can prove that you did it intentionally and with criminal intent then you have committed a criminal assault. If you touch someone accidentally without their consent this is not a criminal assault but it may be a civil assault. You can’t be prosecuted or put in jail for civil assault.

The term sexual assault is a special kind of criminal assault in that it involves unwanted sexual contact with a person. Sexual assault in Michigan must therefore involve the unwanted and non consensual touching of a person’s intimate parts.

These intimate parts and the kind of touch required is defined by Michigan law. First, as it relates to the touching, as indicated, it must be intentional touching. To commit a sexual assault, you must touch the clothing or skin covering certain intimate areas such as buttocks, breast, inner thigh, etc.

The touching must also be for the purpose of sexual arousal or gratification, done for a sexual purpose. Alternatively, it can be touching in a sexual manner for purposes of revenge. It can also be done out of anger or for purposes of humiliation.

The intentional non-consensual touching of a person’s intimate parts is most consistent with what Michigan calls criminal sexual conduct in the second degree and criminal sexual conduct in the fourth degree. These crimes, which are forms of sexual conduct without penetration, are also more explicitly defined on our Michigan Criminal Sexual Conduct page.

What Is the Difference Between Sexual Assault and Rape?

Not to put too fine a point on it, but all rape is sexual assault but not all sexual assault is rape. To be rape, the unwanted touching must involve penetration. If there’s no penetration it’s still sexual assault, it’s just not rape.

Should I Hire a Sex Crimes Lawyer?

Yes. If you are facing case of sexual assault or a case involving sexual act or any kind of criminal sexual activity including unwanted non consensual sexual penetration, then you’ll want to find the best Michigan criminal sexual conduct lawyer you can find.

The criminal defense trial lawyers at the Barone Defense Firm offer no cost case reviews. We will be happy to discuss your specific circumstances and help you decide if the Barone Defense Law Firm is a good choice for your legal representation.