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Sexual assault case reported Jan. 30 still active

April 5, 2017
<p>Michigan State University Police Department on Aug. 29, 2015. Courtney Kendler/The State News</p>

Michigan State University Police Department on Aug. 29, 2015. Courtney Kendler/The State News

Photo by Courtney Kendler | The State News

On Jan. 30, an alleged criminal sexual conduct incident was reported to MSU police. The alleged criminal sexual conduct occurred on Dec. 16, 2016, at 1855 Place, according to the Clery Crime and Fire Log. The case is currently listed as active.

According to a police report, the incident is a criminal sexual conduct third degree and there is a suspect in the case, but there has not been an arrest.

The victim and the suspect were hanging out that night, according the report.

The report continued and said they were at the victim's apartment, "talking, listening to music and 'making out.'"

The suspect did not believe he had raped the victim, even though the victim had said she did not want to have sex.

Text messages obtained through a Freedom of Information request show that the suspect believed he "was just misinterpreting (her) signals and (he) overstepped (her) boundaries." 

The Michigan Penal Code Act 328 of 1931 divided rape into four divisions of criminal sexual conduct. Criminal sexual conduct third degree involves sexual penetration when at least one of the following actions occur: force or coercion is used, the victim is between the ages of 13 and 16, the victim is mentally incapacitated, the actor and the victim are related by blood and are not married, among other circumstances.

Under Michigan law, criminal sexual conduct third degree is a felony punishable by up to 15 years in prison.

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