Can you be charged with 3rd Degree CSC if the act was mutual? 8 Answers as of July 07, 2011

My brother is 20 years old and he was put in jail at 4:30am today and he is being charged with CSC in the 3rd degree times 2. The girl involved is also 20 years old and she was touching him just as well as he touched her. So is it right for him to be charged if she was touching him as well? I believe that if she can touch him and she can touch her that there should not be any charges filled am I right?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Your brother is presumed innocent until proven guilty. He should consult with an attorney if he needs specific legal advice. This answer does not contain specific legal advice for his particular circumstances. If he cannot afford an attorney, the court will appoint him one at the public's expense. Speaking generally, the mutual "consent" of the parties may be argued as a defense against a criminal sexual conduct charge between two "adults." However, this issue strongly depends on a person's individual circumstances. Ultimately, whether the act was consensual may end up as a question for a jury, and a jury would closely scrutinize the credibility of who claiming it was "consensual." "Consent" in these types of cases is tricky factual question and complicated legal issue. Arguing "consent" can be a risky litigation strategy for the defense. One particular issue is if that "consent" was revoked by one of the parties at some stage in the proceeding. Further, there may be an issue of whether the "adult" could legally "consent." I.E., if the "victim" was "incapacitated," that would influence whether they could legally consent to the activity. These are just some of the issues. There are several others as well. Again, this concept of "consent" is a very complicated issue during a criminal sexual conduct case. Your brother needs a lawyer to examine his particular factual circumstances. He has a right to retain a lawyer. If he cannot afford to retain a lawyer, the court will appoint him one at the public's expense. Most attorneys provide a free initial consultation. It is certainly worth the effort to make a few phone calls.
Answer Applies to: Michigan
Replied: 7/7/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Thank you for your inquiry. Consent is often a defense to CSC where the event is not based on the age or vulnerability of the victim. Therefore, while anyone can be charged, the question is whether the prosecution can overcome the defense. Also, CSC 3rd involves penetration, which you have not mentioned. You may be refering to CSC 4th. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 7/5/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
It must be the act of intercourse or oral sex etc that is mutual and agreed upon to excuse the behavior. If the parties were touching each other (What ever that means in this case) and one person says no farther and the other continues without the consent of the first, then yes it could be charged as a crime.
Answer Applies to: Michigan
Replied: 7/1/2011
Attorney at Law
Attorney at Law | Steven C. Bullock
The scenario you present poses some interesting issues; however, your brother CAN be charges. Whether the prosecutor can prove him guilty beyond a reasonable doubt is certainly another issue. Your brother should contact an attorney immediately and make NO statements.
Answer Applies to: Michigan
Replied: 6/30/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
If he is charged, then chances are the girl is saying it was not consensual.
Answer Applies to: Michigan
Replied: 6/30/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    You cannot be convicted of CSC 3rd from consentual sex. The question will be, was it consentual?
    Answer Applies to: Michigan
    Replied: 6/30/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    There must be some force, coercion, or mental handicap, because on it's face, there should be no CSC 3rd degree charges here.
    Answer Applies to: Michigan
    Replied: 6/30/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Was the victim "special needs" or was your brother in a position of authority over her? That could possibly change things. Your brother will need to discuss these things with his attorney who will be able to give him a better answer.
    Answer Applies to: Michigan
    Replied: 6/30/2011
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