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 (see CSC degrees).
In Michigan, it is illegal for any teacher to have sex with a student. Michigan laws prohibit teachers from engaging in sex with student, 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 Sexual Misconduct
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 officials/administrators, 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.
- A sixth-grade teacher engaged in sexual acts with one of his students. The sexual acts occurred only during the summer months between sixth-grade and seventh-grade. Even though school had finished for the summer, the teacher was still considered to be in a position of authority over the student. Per the law, any sexual act between the teacher and the student is prohibited and punishable under the sexual misconduct statute.
- A high school teacher ended up in a relationship with her student. The male student was the aggressor. The student constantly flirted with the high school teacher. Both the male student and the high school teacher knew it was wrong, but continued to flirt and build a relationship. The relationship grew from flirting in class to texting, calling, and social media contact. Both the high school teacher and the student saved each other’s names on their phones under fake names. The high school teacher eventually gave the student a private cell phone in order to talk without anyone knowing. The relationship turned sexual. Eventually, they engaged in sexual touching, fellacio (oral sex), and sexual penetration (intercourse). The high school teacher was charged with three counts of third degree sexual misconduct. Third degree CSC carries a mandatory minimum sentencing of ONE year in prison. Learn what is mandatory minimum sentencing
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 (see CSC 1st degree Michigan penalty).
The charge of second degree sexual abuse, teacher–student, is punishable by up to 15 years in prison (see CSC 2nd degree Michigan penalty).
The charge of third degree sexual abuse, teacher–student, is punishable by imprisonment up to 15 years (see CSC 3rd degree Michigan penalty).
The charge of fourth degree sexual abuse, teacher–student, is punishable by up to two years in prison (see CSC 4th degree Michigan penalty).
BLANK LAW, PC HAS YEARS OF EXPERIENCE WITH TEACHER SEXUAL MISCONDUCT CASES
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.
Blank Law, PC is here to fight for you. Now is the time when you need someone who is tough and skilled in getting the best possible outcome for you. Contact Attorney Nicole Blank Becker now for your free consultation.