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The legal standard for rape or criminal sexual conduct

On Behalf of | Dec 8, 2016 | Nacht Law in the News |

The legal standard for rape or criminal sexual conduct, as it is technically known in Michigan law, is not that high. But it does require that there be credible evidence of non-consensual sexual touching. The standard of what is it consensual is whether a reasonable person would realize that the person who later claims it was rape was not consenting. In an increasing number of cases that arise on college campuses, the person who claims she was raped was not too drunk to consent, nor did she say “no.” Quiet unhappiness by one person will not in most cases be the basis for criminal charges that stick. It can however be the basis for campus Title IX proceedings where the standard is often “yes means yes”.

Here is an article from MLive regarding the recent dismissal in the Mateen Cleaves sex assault case.

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