3 Common Sexual Assault Myths

Sexual assault myths

The focus is back on Mateen Cleaves, a former Michigan State basketball star and former NBA basketball player. Sadly, this is not the kind of attention he wants.

Cleave is on trial for sexual assaulting a 24-year-old girl in September 2015. The captain star, who lead the MSU team to a 2000 NCAA championship, is facing charges of unlawful imprisonment, assault with intent to commit criminal sexual penetration, second -degree criminal sexual conduct and two counts of third-degree criminal sexual conduct.

Cleaves could be facing up to 10 – 15 years in prison if he is found guilty.

What is Sexual Assault?

Sexual assault as defined by the University of Michigan is, “any form of unwanted sexual contact obtained without consent and/or obtained through the use of force, threat or force, intimidation, or coercion.”

In the State of Michigan, sexual assault is categorized into four different degrees. To understand these charges, you can check out our article, The Truth About 1st, 2nd, 3rd, and 4th Degree Criminal Sexual Assault, that defines each sexual assault definition for the State of Michigan.

It is important to make sure you understand Michigan’s definition of sexual assault, as well as, the university that you attend if you are in college. The reason is that the definition could be slightly different.

In general, sexual assault includes non-consensual sexual activity. This includes penetrative sex to unwanted sexual touching or groping. In addition, rape does not require a penis. Objects or fingers can be used to be considered rape.

Sexual assault is a common crime and it can cause many questions to those who have been charged or accused.

Common Sexual Assault Myths

Here are 3 common myths about sexual assault that we see at our law practice.

  1. It is only rape if there is violence
    Many people when they thing of rape they thing of a violent act of a random person coming out of a dark path. However, in most cases this is not the case. Many rape victims are assaulted when they are unconscious or semi – conscious. Additionally, many victims are lucid, but frozen in fear.

    Other victims might be unable to express consent because they were mentally incapacitated. It is important that in sexual assault or rape cases a victim does not have to fight back or tell out for it to be considered rape.

  2. A victim cannot change their mind

    Sex should be a desired experience for all parties from start to finish. When a victim originally says yes to the experience and changes his or her mind, they have the right to always withdraw consent. That right should always be recognized and respected. A victim can even withdraw from the actual act of sex if they choose want to stop.

  3. Only women are rape victims
    Women tend to be to focus of sexual assault crimes as the victim. While it is true that one in five college-age women are sexual assaulted, men are also finding themselves victim to sexual assault. In fact, according to Cosmopolitan, 1 in 33 American men will experience rape or attempted rape in their lifetime.

Seek Legal Advice

Sexual assault is serious crime in the State of Michigan. Mateen Cleaves is potentially facing severe consequences and years of prison time that will change his life forever.

In conclusion, if you or a loved one is facing charges of sexual assault, it is important to seek an experienced professional defense attorney. We make it our job here at The David J. Kramer Law Firm, PLLC to make sure our clients are treated to a fair trial. No person should ever have to face unfair punishment. Please call us today.

Let’s start fighting for your rights.

Contact us