Legal Question in Criminal Law in Michigan

statutory rape?

Hi, My 20 yr old son is currently in jail for having sex with a 14 yr old. How much time do you think he will serve for this? Thank you


Asked on 2/10/09, 10:40 am

3 Answers from Attorneys

William Morrison Action Defense Center

Re: statutory rape?

It's not what I think that counts, it's what the judge thinks. You son's attorney also knows the facts of the case...or should.

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Answered on 2/10/09, 8:35 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: statutory rape?

You have not given us enough information to answer this.

First, what is he charged with? We don't have a crime called "statutory rape". We have Criminal Sexual Conduct 1st Degree, CSC 2nd Degree, CSC 3rd Degree, CSC 4th Degree, Assault With Intent To Commit CSC ___ Degree, etc. Each have their own statutory penalties.

Second, if he is convicted of a felony, then calculations for the felony sentencing guidelines have to be made. Two categories have to be analyzed: Prior Record Variables (i.e., prior adult or juvenile delinquency felonies and misdemeanors, whether he was on probation at the time of this crime, and whether he is convicted of more than one count), and Offense Variables (i.e., case-specific factors). Without knowing all this information (including DETAILED case facts), no one here can give even a ballpark guess re: a possible sentence.

Third, knowing the particular prosecutor's office involved is a factor. Each county's PA office can impact the sentence re: plea bargain tendencies. Some will agree to make sentencing recommendations.

Fourth, knowing the particular judge assigned is a major factor. Some judges have tendencies to be harsher, some more lenient.

All these and more reasons make it impossible to answer your overly-simplistic question here.

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Answered on 2/10/09, 12:06 pm
Edgardo Baez The Baez Law Firm, P.C.

Re: statutory rape?

Need more info to advise.

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Answered on 2/10/09, 12:18 pm


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