MenuIn Michigan, the age of consent is important, particularly if you’re in a relationship or considering one with a younger individual. Here’s more on Michigan law as it relates to the age of consent and how a criminal defense lawyer can help you if you have been charged with a sex crime.
The Legal Age of Consent
In Michigan, the age of consent is set at 16 years. This means if you’re 16 or older, you’re legally recognized as capable of agreeing to sexual activities. However, there are exceptions to this rule, especially for those under 16.
Criminal Sexual Conduct in the Fourth Degree
Certain types of sexual conduct are illegal in the state. Michigan law breaks down criminal sexual conduct (CSC) into four degrees, each with its scenarios and legal ramifications. Under MCL Section 750.520e, In Michigan, under the law, you can be charged with criminal sexual conduct in the fourth degree, a misdemeanor, if you engage in sexual contact under specific conditions. These include if the person you’re involved with is between 13 and 16 years old and you are at least 5 years older than them.
Also, if you use force or coercion, including physical force, threats of violence, or unethical medical treatment to achieve sexual contact, you could be charged. If the person is mentally incapable, incapacitated, or physically helpless, and you know or should know this, you can be charged as well.
Another circumstance is if the person is a relative by blood or marriage up to the third degree, unless the contact is part of a legal marriage. If you’re a mental health professional and the contact happens within 2 years of the professional relationship, you can be charged, even if the victim consented.
If you’re in a position of authority, like a teacher or school employee, and the person is a student between 16 and 18 years old, or if they are between 16 and 26 years old and receiving special education, you can be charged if you use your position to gain access or establish a relationship.
Finally, if you work or volunteer at a child care organization, foster home, or group home, and engage in sexual contact with a resident who is at least 16, you can be charged.
This crime can result in up to 2 years in prison, a fine of up to $500, or both.
Romeo and Juliet Exception
The law specifically mentions that if the age difference is 5 years or more, it is a crime. This means that you are protected under the law to the extent that you have sexual contact with a minor and you are no more than four years older than the minor.
However, it’s important to understand that consent must be freely given and that force or coercion to engage in sexual contact is illegal. This includes physical force, threats of harm, or taking advantage of someone who is mentally incapable, incapacitated, or physically helpless. Consent is a clear, uncoerced agreement to engage in sexual activity. Without it, any sexual activity is considered a crime.
Michigan Rape / Sexual Assault Lawyers
In Michigan, the age of consent laws are complex, with various scenarios that can lead to criminal charges. Remember, ignorance of the law is no defense. If you or someone you know is facing allegations related to statutory rape or other sex offenses in Michigan, reach out to sex crime lawyers at George Law today. You can contact us by calling (248) 247-7459 or contacting us through our website to schedule a consultation.