Sexual touching or relations with a person under the age of sixteen (16) is considered a sex crime against a minor in Michigan. Consensual sexual touching or sexual relations with a person under the age of 16 is no defense. The charges can range from statutory Rape, first degree sexual conduct, fourth degree sexual conduct or indecent exposure. We know that many of these cases are emotionally driven and have been defending the wrongfully accused with proven results.
If you have received a phone call from the police, a knock on the door from the police, or a text from a person or family accusing you of a sexual crime against a minor, call us immediately at (517) 347-6900. These types of accusations rarely ever just go away. You will need expert legal advice to help you from the beginning to the end of the process making sure that you are provided the best advice and defense available.
Age of Consent – Statutory Rape in Michigan
Michigan follows the historical precedent of almost all states that declare that minors cannot consent to a sexual act. Historically, this law has been seen as society’s way of protecting those who are young and emotional. Sixteen is what is known as the age of consent in Michigan. That means that a person under the age of 16 cannot by law consent to a sexual act. Even if the person who is under 16 years of age in fact consents to the sex act or even provides false information that they are over 16 years of age, consent is not a defense available to the alleged perpetrator. If you are charged with statutory rape, you may think all is lost. The Clark Law Office will help you and have provided clients with the optimal outcomes.
What is the Statute of Limitations in Sex with Minors Cases?
The statute of limitations in criminal sexual conduct cases has been changed several times in the State of Michigan. The statute of limitations for these types of crimes has been lengthened over time. The statute of limitations for sex contact with minors (below the age of 16) is now 10 years from the date of the act or when the accused reaches the age of 21, whichever is longer. The statute of limitations has been expanded even more in cases where convincing DNA evidence is available. In certain cases, there is no statute of limitations or the statute will be extended 10 years from the date the evidence is uncovered.
Penalties In CSC Cases
Criminal sexual conduct is categorized by 1st degree, 2nd degree, 3rd degree, and 4th degree. If the victim is a minor under the age of 13 and where penetration is involved, the criminal actor if convicted will result in life imprisonment. Criminal sexual conduct where the victim is between the ages of 13 and 16 can result in incarceration up to 15 years in prison plus possible monitoring and registration on the Michigan Public Sex Offender Registry for 25 years or life depending on the degree of the offense convict.
The “Romeo and Juliet Law” is a law that would take away some of the harshness that comes with a statutory rape case. The Michigan legislature in 2011 was convinced to change the law so that in cases where two young adults engage in a sex act and the victim is between the ages of 13 and 16, and where the accused was not more than 4 years older than the victim at the time of the act and they were engaged in consenting sex acts, there may be an exemption from the sex registration.
Contact Our Michigan Sex Crime Attorney For a Free Consultation
As can be seen the different classes of crimes 1st degree through 4th degree, statutory rape, the statute of limitations, even the definition of sexual contact can be confusing and difficult to understand. That’s why it’s important if you ever receive information that you or a loved one may be accused of criminal sexual conduct, you need to contact an attorney immediately before you say anything to anybody. The Clark Law Office will review your case for every defense or weakness in the facts to provide you the best and most experienced legal advice and advocacy available.