A teacher is considered an “authority figure” for purposes of a criminal sexual conduct (CSC) charge. Below you will find further explanations of the Teacher–Student relationship that can constitute elements of criminal sexual conduct 1st degree, criminal sexual conduct 2nd degree, criminal sexual conduct 3rd degree, and criminal sexual conduct 4th degree.
In Michigan, it is illegal for any teacher to have sex with a student. Michigan laws prohibit teachers from engaging in sex with students, no matter the student’s age. Additionally, the age of consent in Michigan is raised to 18 years old when the older party is an authority figure. If a teacher, substitute, school officials/school administrator, or any other school employee of the public school, nonpublic school, school district, or intermediate district in which that student is enrolled engages in what is sexual penetration with a 16 or 17-year old student, they can be charged with CSC 1st degree Michigan and/or 3rd degree sexual assault Michigan.
TEACHER (You can replace Teacher with any person who is in a position of authority):
Regardless of when the act occurred, if the actor’s occupation as a teacher, substitute, school official/administrator, or any other school employee of the public school, nonpublic school, school district, or intermediate district in which that student is enrolled allowed the actor access to the student of the relevant age group in order to engage in sexual penetration (or sexual contact), the legislature is intended to punish that conduct.
The statute does not state that the sexual penetration/sexual contact must occur while a defendant is acting as a teacher. For example, the class may go on a class trip where they are gone over a 5-day period. Although they are not “in” school, the teacher is still considered to be in a “position of authority.”
SUBSTITUTE TEACHER (You can replace Substitute Teacher with any person who is in a position of authority):
If the actor’s occupation as a substitute allowed the actor access to the student of the relevant age group in order to engage in sexual penetration or sexual contact, the legislature is intended to punish that conduct. A substitute is considered to be in a “position of authority.”
Consequently, if sexual penetration by a substitute occurs before school or after the school bell rings at the end of the day, or on a weekend, or during the summer, the state can still move forward with charging the accused with sexual misconduct.
The following are what sexual abusers are facing with a sexual misconduct charge involving teacher-student:
The charge of first-degree sexual abuse, teacher–student, is punishable by imprisonment up to life or for any term of years.
The charge of second-degree sexual abuse, teacher–student, is punishable by up to 15 years in prison.
The charge of third-degree sexual abuse, teacher–student, is punishable by imprisonment up to 15 years.
The charge of fourth-degree sexual abuse, teacher–student, is punishable by up to two years in prison.
Blank Law, PC is well versed in sexual abuse/sexual misconduct charges that involve a student–teacher sexual relationship. Attorney Nicole Blank Becker has been responsible for handling numerous charges involving a student–teacher sexual relationship. Nicole has fought on both sides of the courtroom on several different occasions, for and against sexual assault charges that involve a teacher-student inappropriate sexual relationship.
Your case would be far from Nicole’s first experience with such conduct charges. As the prior Chief of the Sex Crimes Unit, Nicole knows exactly what it takes for the prosecution to make their case. More importantly, now, as a defense attorney, Nicole has the unique ability to use those skills in order to properly fight for you.
You need a firm who has handled these special types of cases before. Nicole knows first hand how charges like this destroy people’s lives.