Legal Question in Criminal Law in Michigan

Criminal sexual conduct

i was accused of raping a 14 year old girl, im 17, i never raped her, threatened her, nor did she say ''no'' at all, but she told me she was 16 years old, even though i did not know the law said that under 16 years old is illegal with or without consent, i thought if the male party was 18 it was considered illegal, so i had no intention of commiting a crime, and if i knew the law, she still told me she was 16, so my question is, can i go to jail? after a trial or even before the trial? can i be arrested before the trial and go to jail? if i can, how long can i go for?


Asked on 7/31/03, 3:12 pm

2 Answers from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Criminal sexual conduct

In Michigan, the legal age of consent for sex is 16. So, a person 16 or over having sex with a 15, 14, 13, 12, etc year old could be charged. Actual knowledge of the minor's real age is not an element .... so if you didn't know, that's not a defense. (You do the deed, you take your chances!)

A prosecutor won't issue charges in all cases, though. If there was a relatively small age gap, if there was a dating relationship, etc., a charge might not be issued.

For info on the various degrees of CSC, go to www.co.eaton.mi.us/ecpa/define.htm and go down to Criminal Sexual Conduct.

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Answered on 7/31/03, 3:17 pm
William Morrison Action Defense Center

Re: Criminal sexual conduct

You could be charged with a violation of MCL 750.520d Criminal sexual conduct in the third degree; a felony which is:

(1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exist:

(a) That other person is at least 13 years of age and under 16 years of age.

(2) Criminal sexual conduct in the third degree is a felony punishable by imprisonment for not more than 15 years.

At age 17, you are an adult for criminal purposes. It does not matter that she lied about her age. You not only can go to prison (not jail) for at least 2-3 years, you may have to register as a sex offender for the next 25 years.

Mr. O'Brien's response may create in you the false impression that this is not a serious matter. The sheriff or the police will tell you the same. However, their job is to have you arrested. If arrested you will be taken to jail and held until you (or most likely your parents) can post bond. The bond may be quite high.You cannot get only probation for a conviction of CSC III. You are required to be imprisoned upon conviction.

It is important that you have no further conversations or communications with anyone until you have consulted an attorney. Don't be lulled into giving your side of the story to the police. If you tell them the contents of your message, you will be subject to immediate arrest. Get help - you need it, and you need it now.

I can give you a no-charge consultation @248-680-1133.

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Answered on 8/01/03, 7:25 pm


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