Michigan State University engineering professor Yiming Deng, who was charged with two counts of second degree criminal sexual conduct and one count of third degree criminal sexual conduct in September, has had his charges updated following a preliminary examination in the Clinton County District Court on Nov. 23, 2021.
He is now charged with one count of criminal sexual conduct of the first degree and remains charged with two counts of criminal sexual conduct of the second degree.
CSC 3, which Deng was previously charged with, includes sexual penetration but without aggravating circumstances such as the perpetrator causing personal injury to the victim. CSC 1, which Deng is now charged with, includes such aggravating circumstances.
According to the original police report in July 2021 and testimony during the November hearing, Deng forcefully digitally penetrated and groped the complainant on July 14 in her Bath Township apartment.
65A District Court Judge Michael Clarizio said that the testimony provided by the complainant demonstrates that Deng allegedly caused mental anguish to the complainant. Due to this, he determined that the original CSC 3 charge could be moved to CSC 1.
“Again, the Court is satisfied by the standard of probable cause that there was mental anguish as established by the testimony of the complainant,” Clarizio said during the hearing.
The hearing also discussed evidence collected by the court, which includes the complainant’s clothing she was wearing the night she was allegedly assaulted by Deng and a mug of water he allegedly drank out of earlier in the night.
The complainant said she worked with the MSU Center for Survivors after the alleged assault. The evidence was given to the center.
Deng filed a brief supporting a motion for discovery in the case through his attorney Mary Chartier in March. He requested the court to sign an order to provide him with items pertaining to the case. These items include emails from law enforcement related to the claim, the victim’s impact statement and other messages or written statements related to the claim.
“Due process and fundamental fairness require that Mr. Deng be provided with the items requested,” the brief said. “Mr. Deng’s constitutional right to present a defense is imperative and the release of this information to Mr. Deng is necessary to his defense.”
His motion regarding discovery will be heard in Clinton County District Court on April 15 at 9 a.m. The final jury trial will be held on May 11.
The university placed Deng on administrative leave on Sept. 30.
Resources for students and survivors of sexual assault are available through the MSU Center for Survivors, Counseling and Psychiatric Services and the University Ombudsperson.
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