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Generally speaking, Romeo and Juliet laws were developed to prevent or lessen prosecution of a young adult engaged in consensual sexual activity with a minor. For example, some Romeo and Juliet laws would prevent an year-old from being prosecuted for statutory rape for having consensual sex with a year-old. The age at which a person can legally consent to sexual activity in Michigan is 16 years old. This means that anyone under the age of 16 does not have the legal capacity to consent to sexual activity. The age of consent is different when there is an authority figure involved. In these cases, the age of consent is

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Charged with rape? you will most certainly want legal representation

By Ave Mince-Didier. In Michigan, the age of consent is 16, and people who engage in sexual activity with children who are underage can be convicted of statutory rape also called criminal sexual conduct. Michigan's laws also prohibit teachers from engaging in sex with students aged 16 or 17 years old.

In statutory rape cases, the determinative fact is the age of the child. Even if the underage person pursues or agrees to the sexual relationship, the defendant can still face criminal conviction.

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Of course, people who commit sex acts against others without their consent can also be convicted of sexual assault or assault and battery. Statutory rape in Michigan is prosecuted under the state's criminal sexual conduct laws. Typically, the younger the victim, the more severely the crime can be punished. Criminal sexual conduct in the first degree involves sexual penetration intercourse, oral or anal sex, or digital penetration, however slight with any child under the age of 13 or between the ages of 13 and 16 when the adult is:.

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Criminal sexual conduct in the second degree involves sexual contact sexual touching other than penetration, even over clothing, that is meant to arouse or gratify sexual desire with any child under the age of 13 or between the ages of 13 and 16 when the adult is:. Criminal sexual conduct in the third degree involves sexual penetration intercourse, oral or anal sex, or digital penetration, however slight with:.

Criminal sexual conduct in the fourth degree is a lesser crime that involves engaging in sexual activity short of sexual penetration with:. In Michigan, people who lure or encourage children under the age of 16 to engage in any sexual conduct commit the crime of child enticementeven if no sexual conduct ever. Laws Ann. A common scenario that in enticement charges is when a defendant meets online and then arranges to visit the child for sex.

Statutes governing michigan's age of consent, associated criminal charges, available defenses, and penalties for conviction.

Penalties for statutory rape depend on the age of the victim and the type of sexual conduct involved. Criminal sexual conduct in the first degree is a felony and punishable by at least 25 years and up to life in prison. Criminal sexual conduct in the second degree and criminal sexual conduct in the third degree are also felonies. A conviction for either of those crimes can lead to as many as 15 years in prison. Adults in Michigan who are convicted of sex crimes against children are required to register as sex offenders.

Income limits

However, people who are convicted of criminal sexual conduct based on consensual sexual conduct with children over the age of 13 who are not more than four years older than their victims are not required to register. Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur.

It is a defense to a charge of consensual sexual activity with a person under the age of 16 or a student age 16 or 17 that the defendant and the child are married. The marital defense is a remnant of the marital rape exemption. Many states have enacted "Romeo and Juliet exceptions," named after Shakespeare's young lovers, to protect from criminal charges teenagers who engage in consensual sexual activity with other teens.

To be eligible, you must:

Michigan's statutory rape law does not exempt teens from prosecution for sexual penetration, but they are protected from prosecution for other sexual activity. For example, a year-old who engages in consensual petting with a year-old could not be prosecuted for a crime.

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However, if the parties engaged in oral sex, the year-old could face prosecution. Michigan's sex offender law see above does not require young people who are convicted of some statutory rape offenses to register. In most states, including Michigan, it is not a defense to a charge of statutory rape that the defendant mistakenly believed the child to be of age. This is true even if the child tells the defendant and others that he or she is older and looks and acts older. People v.

Michigan's statutory rape laws

CashNW2d Mich. Being convicted of statutory rape, like any sex crime, can have extremely serious consequences.

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If you are charged with a crime as a result of engaging in consensual sexual activity, you should contact a criminal defense lawyer as soon as possible. Laws can change at any time, and an attorney can tell you what to expect in court and help you navigate the criminal justice system so that you can obtain the best possible outcome. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Market Your Law Firm. Lawyer Directory. Call us at 1 Issue: search.

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Michigan Statutory Rape Laws. Statutes governing Michigan's age of consent, associated criminal charges, available defenses, and penalties for conviction. Michigan's Statutory Rape Laws Statutory rape in Michigan is prosecuted under the state's criminal sexual conduct laws.

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Criminal sexual conduct in the first degree involves sexual penetration intercourse, oral or anal sex, or digital penetration, however slight with any child under the age of 13 or between the ages of 13 and 16 when the adult is: a member of the child's family or household a teacher or in some other position of authority over the child, or the child's foster care provider at the time the sexual penetration occurred.

Criminal sexual conduct in the second degree involves sexual contact sexual touching other than penetration, even over clothing, that is meant to arouse or gratify sexual desire with any child under the age of 13 or between the ages of 13 and 16 when the adult is: a member of the child's family or household a teacher or in some other position of authority dating age in Detroit Mi the child, or the child's foster care provider at the time the sexual contact occurred.

Criminal sexual conduct in the third degree involves sexual penetration intercourse, oral or anal sex, or digital penetration, however slight with: under the age of 16 but over the age of 13, or age 16 or 17 if the defendant is a teacher, school employee, or the child's foster care provider at the time the sexual penetration occurred. Criminal sexual conduct in the fourth degree is a lesser crime that involves engaging in sexual activity short of sexual penetration with: under the age of 16 but over the age of 13, when the defendant is at least five years older, or age 16 or 17 if the defendant is a teacher, school employee, or the child's foster care provider at the time the sexual activity occurred.

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Child Enticement In Michigan, people who lure or encourage children under the age of 16 to engage in any sexual conduct commit the crime of child enticementeven if no sexual conduct ever. Potential Punishments for Statutory Rape Penalties for statutory rape depend on the age of the victim and the type of sexual conduct involved.

Sex Offender Registration Adults in Michigan who are convicted of sex crimes against children are required to register as sex offenders.

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Defenses to a Statutory Rape Charge Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur. Marriage It is a defense to a charge of consensual sexual activity with a person under the age of 16 or a student age 16 or 17 that the defendant and the child are married. When the Parties Are Both Minors: The "Romeo and Juliet" Exception Many states have enacted "Romeo and Juliet exceptions," named after Shakespeare's young lovers, to protect from criminal charges teenagers who engage in consensual sexual activity with other teens.

Mistake of Age In most states, including Michigan, it is not a defense to a charge of statutory rape that the defendant mistakenly believed the child to be of age.

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Legal Help Being convicted of statutory rape, like any sex crime, can have extremely serious consequences. Updated July 24, Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code.

The penalties for statutory rape in michigan

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