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Student Defense Sexual Misconduct Charges
Sexual misconduct is, unfortunately, a common occurrence in schools and campuses. A person charged with this offense could be subject to numerous punishments, such as incarceration and expulsion. It is imperative that a person charged with sexual misconduct seek the guidance of a knowledgeable attorney as soon as possible. An attorney can work with you to build a case that can combat Michigan student defense sexual misconduct charges.Different Types of Student Sexual Misconduct in Michigan
Sexual misconduct can take the form of other crimes. These crimes vary in the severity of punishment, but could all lead to an expulsion from an academic institution:
- Sexual assault
- Sexual harassment
- Sexual battery
College campuses could be an environment conducive to criminal sexual conduct due to the close proximity of young men and young women. Due to the access to parties, alcohol, and drugs, students may have their judgment impaired, leading them to make poor choices. Such choices and decisions could lead to sexual assault.
There may be miscommunication between students. The lines should be clear where no means no and silence is not consent. The inability to differentiate the difference between consent and a refusal to engage in sexual activity could prompt a student to face Michigan student defense sexual misconduct charges.Sexual Harassment in Michigan
Sexual harassment is extremely common on school grounds and campuses. Harassment can be seen as unwanted or undesired sexual advances. An example of this could be inappropriate touching or groping, excessive advances for communication, or inappropriate stares/gazes.
Sexual harassment could also occur within the context of school. Specific interactions could involve harassment, such as a teacher being unfair/unfavorable towards a specific gender. In some cases, students could be harassed over their sexual orientation, gender, or even looks during open discourse in classrooms. However, some students and teachers may decide to take advantage of these discussions to harass another person.Sexual Battery and Rape
The term sexual battery is not used in Michigan. The correct term is criminal sexual conduct. Sexual battery and rape included with sexual assault. There are varying degrees of criminal sexual conduct that depend on the facts about what occurred, the level of coercion, or the level of touching or penetration. Criminal sexual conduct is not broken down along the lines of rape, sexual assault, or sexual misconduct. Instead, it is under a statutory definition of criminal sexual conduct in individual degrees.
There is also no specific term for rape or sexual assault. Everything falls under criminal sexual conduct and depends on a fact-specific basis. The facts of the case and the allegations determine the level of criminal sexual conduct.Pornography
Even though pornography is widely available, some areas of pornography such as child pornography and some sexual acts are illegal to share or possess. Some college campuses have students who may take pictures of themselves in a compromising situation or discuss questionable topics with someone underage.
Viewing pornography using school property, school computers, school networks, et cetera, is discouraged. If caught, the school could take action against the student under the student code of conduct. If there is some other illegal form of activity, the student may be involved with the police who may seize all of the person's records. In that case, a person should contact an attorney and not make any statements to the police.Importance of Hiring a Michigan Student Defense Lawyer
Michigan student defense sexual misconduct charges may require the experience of an accomplished attorney. An attorney could help you with your case by acting as an advocate on your behalf. An attorney could also provide you with professional legal counsel. Such counsel could involve how to gather evidence, who and who not to speak to during the trial, and what to expect during trial. A lawyer who is familiar with the law could prove to be a valuable asset to your case so be sure to get in contact today.