AGE OF CONSENT
THE AGE OF CONSENT IN MICH IGAN IS 16 YEARS OLD
Statutory rape occurs when someone over the age of consent (16 years old and older) engages in any kind of sexual contact with a minor (15 years old or under). Per the law in Michigan, for purposes of Criminal Sexual Conduct charges, a person who is 16 years old or older is considered an adult and can consent to sexual relations. While a person who is 15 years old or younger is considered a minor, and cannot consent to sexual relations.
0 years old – 15 years old: Child – CANNOT consent to sexual relations.
16 years old – above 16 years old: Adult – CAN consent to sexual relations.
A minor , someone 15 years old and younger, CAN NOT, under ANY circumstances, consent to sexual relations of any kind with another person.
Therefore, if an adult (16 years and older) has sexual contact with a minor (15 years and younger), the adult (the 16 year old) can be charged with the crime of Criminal Sexual Conduct.
Statutory rape laws are notorious for convicting and subsequently ruining the lives of otherwise model teenagers with slightly younger sex partners. As a result of a conviction on a statutory rape case, the penalty may include registration on the Michigan Sex Offender Registry.
Having to register with the Michigan Sex Offender Registry is a black mark on your record forever. Sex offender registration ruins any possibility of teenagers advancing their lives to their full potential.
WHAT IF SHE/HE LIED ABOUT HER AGE?
In Michigan, the mistake of age is NOT a defense. It does NOT matter what age she/he told you they were. A minor may purposely lie to you about their age. It does NOT matter that a minor lied to you. You, as the individual who is of legal age to consent, is responsible for finding out and confirming the age of the person you choose to engage in sexual activity with.
WHAT IF THE MINOR INITIATED THE SEX?
Even if a minor says ‘yes’ and initiates sex with someone over the age of consent, the law says it is still statutory rape because the minor has no legal right to give consent.
WHAT IF OUR PARENTS ARE OK WITH IT?
In Michigan, there is NO law that says a parent can waive the age of consent for their child. Therefore, regardless of what your parents allow when it comes to sex with a minor, the law in Michigan takes precedent.
WHAT IF WE MET ON A DATING SITE AND SHE TOLD ME SHE WAS THE AGE OF CONSENT?
In order to be on most dating sites you have to be at least 18 years old. It is very easy for a minor to lie and sign in as 18 years old or older. The dating sites in Michigan do not do background checks to confirm a person’s age is actually the age they claim to be on the site. Therefore, you enter at your own risk. In other words, prior to arranging to meet up with someone through a dating site, and engage in sexual acts, you must do your homework and confirm the other person is the age they “claim” to be.
The risk you take by talking to a minor on a dating site is tremendous. You should find out ASAP what their age is. Typically there is a period of time, prior to meeting up, that you get to know one another. Once you begin to develop feelings for that person and/or a real curiosity for that person, the odds of being able to say NO greatly decreases. The lure of meeting up and/or allowing that meeting to lead to sexual activity greatly increases. By allowing this in your life, you are setting yourself up for failure and future Criminal Sexual Conduct charges.
WHAT IF THE MINOR DOESN’T WANT TO PRESS CHARGES?
It does not matter. It is common that the minor is NOT the one who wants to press charges. However, if someone finds out about the fact that a minor is having sexual relations with someone who is of the age of consent, that person can go to the police in order to press charges of Criminal Sexual Conduct. Not to mention, in Michigan we have what’s referred to as Mandatory Reporters.
ARE THERE ANY EXCEPTIONS FOR MINOR PARTNERS?
If two minors have sex with one another, there are NO exceptions. Both parties to the act can be charged with committing a crime.
For example: If a senior in highschool (age 17) has sexual relations with a freshman (age 14 or 15), the senior can be charged with Third Degree Criminal Sexual Conduct. It does not matter if:
- The senior and freshman are boyfriend/girlfriend, or
- The freshman had permission from his/her parents.
There are NO defenses to Statutory Rape.
The consequences of being charged with Statutory Rape (Criminal Sexual Conduct charges) will change the rest of your life forever. Blank Law, PC will put their years of expertise and knowledge of Criminal Sexual Conduct cases, underage sex and the use of Mandatory Reporters to work for you and your future. Deciding which law firm you chose to represent you in the fight of your life, will be one of the most important decisions you make. Don’t trust your life in just anyone’s hands, Blank Law, PC is ready to aggressively and vigorously fight for your life when it counts the most.