Legal Question in Criminal Law in Michigan

Juvenile Criminal Sexual Conduct

My 5yr old son just informed me that approx 1 year ago his sitter and he watched a pornographic movie. My son remembers in great detail what had occurred and what he saw. There was no sexual contact between the sitter and my son, simply the sitter asked if he wanted to watch a movie about sex. He said yes and they watched the movie. Can the sitter, age 13, be held responsible for her actions? The parents of the sitter believe they should just 'take matters into their own hands'. Which is my best avenue?


Asked on 12/10/00, 11:48 pm

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Juvenile Criminal Sexual Conduct

The sitter's conduct appears to be morally wrong, but not legally (criminally) wrong.

Since there was no sexual contact or penetration, CSC (Criminal Sexual Conduct: www.co.eaton.mi.us/ecpa/define.htm#csc) could not be charged.

I am not aware of a crime occurring when a person exposes a minor to porn (printed or video). The crime of Child Sexually Abusive Materials (www.co.eaton.mi.us/ecpa/define.htm#childsexabusematerial) focuses on creating or possessing photos/videos with children in sexual poses/conduct. But that doesn't seem to apply here.

Read more
Answered on 12/12/00, 5:45 pm
Don Darnell Darnell & Lulgjuraj, P.C.

Re: Juvenile Criminal Sexual Conduct

While her behavior is horribly inappropiate, its no crime that I am aware of at the moment.

But you may not be without recourse. The sitter, and her parents, if the knew of should have known of this particular conduct, might held liable for money damages. Of course, you would need to have sustained damages. I just tried a similar case in Ann Arbor where the minor had exhibited sexual behavoir that was inappropriate for her age (for any age for that matter) and, with the assistance of a physcologist, proved that she was and would be changed person because of this conduct. The jury gave us $850,000.00. While the facts in the case I just tried were more aggregious, your matter may be worth looking into.

Read more
Answered on 12/16/00, 9:55 am


Related Questions & Answers

More Criminal Law questions and answers in Michigan