Michigan criminal defense attorney

Criminal Sexual Assault Charges: Can DNA Evidence Harm You?

Law gavel depicting criminal sexual assault charges

Criminal Sexual Assault is categorized in Michigan in four parts: First Degree through Fourth Degree. The laws in this state cover a vast amount of territory about what kind of touching is considered illegal if it’s not consensual.

Some of the types of crimes we politely call “molestation” are classified as Criminal Sexual Assault or Criminal Sexual Conduct in the fourth degree. This means they  were unwanted by the victim, or that the victim was too young to consent, but that these acts didn’t involve penetration.

It turns out that for Bangor Township, Michigan resident Kyle Kussro, DNA evidence was used to make a strong molestation case against him.

This happened even though the crime he allegedly committed didn’t involve either the removal of his clothing or the exchange of fluids commonly associated with DNA evidence in rape cases.

Kussro may have been surprised to know that even though he wasn’t charged with rape, his DNA was found on his alleged victim.

DNA Evidence in 4th Degree Criminal Sexual Assault Charges

The presence of saliva allowed police to arrest and charge Kussro with fourth-degree CSC.

According to the affidavit in court records, the teenage girl Kussro assaulted went directly home and told her parents.

Kussro had left his DNA in the form of saliva on the girl’s clothing.

The girl’s parents called the police, and her clothing was collected. The DNA analysis came back showing a high probability that it was Kussro’s saliva. As a result, he has been charged with two counts of Criminal Sexual Assault in the 4th degree.

The state of Michigan defines Criminal Sexual Assault in the 4th degree as:

  • Touching the “intimate parts” of another human being. “Intimate parts” includes the primary genital area, groin, inner thigh, buttock, or breast.
  • The victim is between 13 and 16, and the defendant is five years older or more.
  • The defendant uses force or coercion: physical force or violence, threats of violence, threats of retaliation, punishment, kidnapping or extortion.

According to the affidavit, the girl told police that Kussro had grabbed her and pulled her down onto his lap. He proceeded to touch her genital area, and then touched her breast. In addition, he proceeded with an assault which didn’t include penetration. He let her go after a warning not to tell anyone about what had happened.

Unfortunately for Kussro, this girl was brave enough to disregard his warning. She had parents who acted immediately in her defense. This allowed police to collect her clothing and test it for DNA evidence.

In a case that could have been the victim’s word against the alleged attacker, investigators now have a robust forensic case against Mr. Kussro.

Bringing it Home

In conclusion, DNA evidence will continue to be used by law enforcement in sexual assault cases.

If you are facing charges of Criminal Sexual Assault, it’s important to take these charges seriously. A conviction could result in prison time, your name on the sex offender registration, and harsh fines.

Michigan Sex Crime Attorney

Consult with a criminal defense attorney that has proven results in sex crimes defense. Call today for a free consultation. I will do all that is necessary to defend and fight the charges against.

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This article was published on: September 21, 2018 and was last modified September 24, 2018