Legal Question in Criminal Law in Michigan

Re: Criminal sexual conduct

Knowing just these limited facts (i.e., he is 18, she is 15, they have sexual intercourse), he could be charged with Criminal Sexual Conduct 3rd Degree. CSC 3rd involves sexual penetration with a person who is under 16 years old (an age when the person, even if "willing", is not legally capable of "consenting"). CSC 3rd is a felony carrying up to 15 years in prison, possible probation for up to 5 years, mandatory AIDS/STD desting and 25 year registration as a Sex Offender. The actual sentence will depend on many factors (prior record, acts of case, etc.), and is mostly in the judge's discretion.

A prosecutor is not required to charge him. Some prosecutors will not, because of the dating relationship and the presence of the child. We don't know if he has confessed to having sexual conduct with the girl. But, a prosecutor could wait until after the child is born and after DNA tests prove that he's the father before charging. That would be pretty strong evidence that hey had had sexual intercourse, and that she was under 16 at the time.

The issue of the "don't break up with me, or else" threat allegedly made by the girl is a bit troubling, because it shows evidence of bias. But, if the police are informed about the incident, it will be out of the girl's hands anyway. She cannot dictate whether a charge is issues. Neither can her father.

My advice? He should consult with an attorney NOW who handles Family Law (paternity and child support issues), and one who handles Criminal Law (regarding the police investigation or charges) ... or one who handles both.