Can a 16yr old in michigan be charged with CSC???

[Jynkxxie]

Sorry I didn't write more b4,I have been told by the girlfriends mother that she did NOT get the police involved or have plans to press any charges on my son and that she may be in some trouble herself becuase it happened in her home and that the doctor must have notified some one.So when the DA looks at the report and sees the girl agreed to have sex and there was nothing criminal done,he would most likely look at this as just 2 teens having sex and end it there? What worries me is that we can't afford concil,so at this point my son has no plans on talking to them,so not talking to them will look bad.

Well if you can't afford an attorney, then what if you are held responsible for the child support. Though he is 17, I am not sure if that now souly reflects on him, but that along with whatever charges may occur, could be your burden.

[darrell]

There is no mininum age limit for a person to be charged with CSC. Also the DA has no choice or discretion but to charge you son with CSC. Age if conscent in Michigan is 16 and nothing less. A girl that is 15 years and 364 days still can't give conscent untill she turns 16 and then the parents still have a say due to the girl not being a legal adult. If to 14 year olds have sex BOTH can be charged with CSC and I believe it has happened before.

[Scruit]

DC,

I realise that public defenders have little time to work with each individual 'client'... But if you absolutely cannot afford an attorney it's better than going in alone.

I'd be cashing out the equity in my house if this was my son.

[wolflover7470]

I know all about public defenders,their always looking to plead and get the case over.
We no longer own a home due to VERY BAD business practices by a company called FairBanks Capital Corp.We sold our boat,used our saved money to hold on to our home which has left us broke and living with family.We are now involved in a $40 million class action lawsuit against them,they foreclosed on our home illegaly but theres no telling when it will be settled or how much money we will get out of it.So at this point we have only 2 options,1. my son uses a PD att or 2. I sacrifice my life for the ins. money to hire a good att.What would you do if this was your son???

[darrell]

The only thing I can say to you is this. I knwo he is your son but he slept with a girl that is under the age of conscent in Michigan. According to MI State Law there is basicaly no way around out of this mess. He will end up as a Registered Sex Offender for the rest of his life. It doesn't really matter if the parents don't want to press charges against him. It's like domestic violence, the state can press all charges because the state is tired of "I love him don't take him bull ****", so to help the victim they lock the guy up for her w/o her say so. CSC is the hardest of all crime to prove that he didn't do it, but though you said he did and he is going down for it I am sad to tell you. You may get a leinyent judge or they may not go hard on him depends on which county you are in. Which county do you live in?? I would scrounge up what i could to get the money to pay a real lawyer and do so fast. Most chances are that the f/m's parents did call the poilce cause the doctor told them what had happened. Since the girl in underage there is no privacy issuse between the doctor and the underage girl cause she is not an adult. The parents are to be told of all medical issues, sexual abuse and so on, unless they are the one's suspected of said abuse.


I hope this helps a little bit..

[K9Cop]

So at this point we have only 2 options,1. my son uses a PD att or 2. I sacrifice my life for the ins. money to hire a good att.What would you do if this was your son???

I would find another option, whether it is maxing out credit cards; borrowing from friends and family; finding a lawyer or organization that might provide legal services for free or at a reduced rate, no matter how many doors I had to pound on; ANYTHING other then option 2 that you posted. Number two would never be an option in my opinion. I love my son to much to want him to live the rest of his life with the burden of grief/guilt that he undoubtedly would feel. Who is to say, that even if he was to hire the best attorney money could by with the proceeds from your insurance, that he might not still be found guilty? Now he has lost the biggest advocate and voice to speak out and fight on his behalf and someone who he loves and knows loves him unconditionally, as well as his freedom.

[Scoop]

So when the DA looks at the report and sees the girl agreed to have sex and there was nothing criminal done,he would most likely look at this as just 2 teens having sex and end it there?

Perhaps I didn't make myself clear the first time around: In Michigan, consent is NOT a defense. Something criminal DID happen, whether you want to admit it or not.

[wolflover7470]

OK I hear all your saying,I do not believe my son did anything criminal.In michigan the babysitting age is what 13yrs old,why is it that we can give a 13-14yrs the responsability of taking care of another life but do not consider them old enuff to concent to sex?The law needs to be changed.If a 14yr old can babysit another life than she damn well can make the desicion to open her legs.

[Scoop]

I do not believe my son did anything criminal

CSC is not necessarily criminal mala in se (evil in itself) but in Michigan, it is criminal mala prohibitia (prohibited act).

OK I hear all your saying,I do not believe my son did anything criminal.In michigan the babysitting age is what 13yrs old,why is it that we can give a 13-14yrs the responsability of taking care of another life but do not consider them old enuff to concent to sex?The law needs to be changed.If a 14yr old can babysit another life than she damn well can make the desicion to open her legs.

I neither agree nor disagree with you -- there are many current statutes that would greatly benefit from review.

However ...

Babysitting and sexual intercourse are not at ALL on the same level.

If a 14 year old babysits, s/he knows the specific consequences of his/her actions if s/he doesn't do his/her job. For example, if the babysitter lets the child stick a finger into an electrical socket, it will be shocked. If they let it play with a lighter or matches, they can burn the house down. If it runs out into the road, it can get hit by a car. These are very specific consequences that most 14 year olds can both identify and comprehend, because s/he LEARNED these things growing up.

The implications of having sexual intercourse, however, are NOT something that most 14 year old children can understand. They do not understand the short and long term emotional or physical aspects of having sex, nor do they (more than likely) fully realize what it would mean to become pregnant (or impregnate a female) and/or understand the true consequences of acquiring sexually transmitted diseases, including the lethal ones.

Simpy put, most 14 year olds can plainly understand the consequences of watching another (younger) child, because s/he understands what will happen if that child performs a certain act. Most 14 year olds do NOT, however, understand the true and FULL consequences of having sex.

My $0.02.

[wolflover7470]

I want to thank you all for all the responses and advice.And that I understand the law concerning this matter.If my son is charged we'll just have to deal with it the best we can.Putting my son's problem aside.This is just my opinion on this,Any underage teen that is in this type of situation does not deserve jail/prison or should have to register as a sex affender unless it was forced or violent in natuer.I truely feel that if a girl understands the consequences of babysitting and what it means to babysit then she also understands the consequences of having sex.Thx again all.

[Scruit]

Wolflover,

I hope your son is treated fairly by the justice system. I'm sure they'll consider his age and the circumstances when deciding how to deal with him.

[wolflover7470]

Thank you scruit

[LuvsTalMen]

If I were you mom I would seek out an attorney. If even for a peace of mind.
We find out tomorrow whether my 11 yr old step son gets his name on the list for getting caught playing doctor with a younger cousin.... God I hope not, this will make life very difficult till he's 36 years old...

Sincerely,

Jackie
NW Michigan

[mcsap]

I truely feel that if a girl understands the consequences of babysitting and what it means to babysit then she also understands the consequences of having sex.Thx again all.

I feel for your situation but your underage babysitter = consensual age to understand the consequences of having sex is truly "off the wall."

[Jynkxxie]

Well whatever you just quoted Mscap. That is outrages. AGAIN IT IS NOT A WOMEN/YOUNG GIRL WHATEVER..SOLE RESPONSIBILITY TO CLOSE HER LEGS...

God I am so sick of that excuse.