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Satawa Law, PLLC
26777 Central Park Blvd.
Suite 325
Southfield, MI 48076
United States
(248) 509-0056

When it comes to the standard of proof in a sex crime case in Michigan, there is what the law says, and there is the practical reality of what happens in court. The law in Michigan, as it is throughout the country for any crime, is the beyond a reasonable doubt standard of proof. This means that the prosecutor has to prove guilt beyond any reasonable doubt, which is of course the highest standard in law in this country.
In Scotland, there are three verdicts: guilty, not proven, and innocent. In this country, we don’t have the innocent verdict, we just have guilty or not proven. The not-proven verdict is a good way to understand not guilty, because The jury is required to acquit someone, Even if they believe the person is guilty, provided that guilt has not been proven beyond a reasonable doubt. It certainly is a much higher standard of proof than preponderance (51%/49%), or even clear and convincing evidence.
The problem with sex offenses is that there are such visceral reactions to them; they are fraught with emotion and a sense of revenge and horror. As a result, I have to tell clients that as a practical matter, it is unlikely that the jury will hold the prosecutor to the exacting standard of beyond a reasonable doubt. Instead, it is very uncommon for a jury to acquit someone who they believe is guilty of a sex crime, even if the prosecutor failed to prove their guilt. They want to be able to say to themselves, “I don’t think this person did it,” so in a courtroom, practically speaking, the burden is different. The client should be prepared to demonstrate that they did not commit the offense.

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