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

[wolflover7470]

I am hoping a Michigan Police officer can help me with a question I have.I am wondering if my son can be charged with CSC?He just turned 17 on jan.17,2004,in dec.2003 he slept with his 14yr old girlfriend and now is pregnant,we do not know if it is my sons.This was all concentual sex between them and the girlfriend stated this to the state trooper who was put on the case to investagate.My question is,with this being concentual sex and my son was only 16yr at the time,Can he be charged with CSC??? vERY WOORIED over this.

[Jynkxxie]

It all depends on if someone wants to bring charges against him. But yeah...did you just hear about that guy that killed himself because his seduction charge that he got when he was younger, which the prosecutor gave the boys in the case so that they would not have to register on the sex offender list, well now that all the laws have changed those boys are on the sex offender list. And that was just for seduction. Even though the girl had a history or seduction herself and it was consensual. You can be on it for being caught pissing in public. I would consult a lawyer. I believe 16 is the age of consent here in Michigan. But it works differently with different age ranges. I am not sure what the 14-16 is.

[bluecat2]

Yes he can. I believe the prosecutor can ask for a 15 or 16 year old to be charged as an adult based on the severity of the crime.

[Jynkxxie]

Blue, FYI, it is 14, 15, 16.

[Scruit]

Different states have different definitions of statutory rape. In some states there is an 'age difference' clause that would protect a 16yo who sleeps with a 14yo girl, yet would punish a 29yo for sleeping with the same girl. I don't have any daughters so I don't know if my opinion would be different if I had... But I don't think a 16yo boy sleeping with and a 14yo girl is as bad as a 29yo man. It's not GOOD, but it's not AS BAD - and the laws in some states will reflect this.)

You need to read up on your local laws - that will determine if he must charged as a minor or could be charged as an adult - or whether or not the 2-year age difference is a mitigating factor.

This could be a VERY serious charge. You need a lawyer if you don't already have one. It's only common sense to have representation if your liberty is at stake.

Also, i 'consent' is not a factor in Statutory Rape. I believe it is pretty universal that a girl who is UNDER the age of consent for sex is *legally* incapable of giving consent. Her verbal consent is meaningless as the law does not allow her to consent.

Just like buying a stolen TV - the guy can 'give' the TV to you, but it is not his TV to give. And if you know it's stolen then you're in trouble yourself. Sleeping with a 14yo cannot be consentual because that consent is not hers to give - and if you know she's 14 then you're in trouble yourself.

[Scruit]

Michgan CSC Summary

Get a lawyer NOW. The way I read the laws per the above site he is guilty of;

Third Degree Criminal Sexual Conduct
1. Penetration (see definition under CSC 1), and
2. One of the following circumstances:
a) Victim 13, 14, or 15
b) Force or coercion
c) Victim incapacity

Punishable by up to 15 years imprisonment :eek:

I see no mention of age difference.

[Jynkxxie]

Michgan CSC Summary

Get a lawyer NOW. The way I read the laws per the above site he is guilty of;

Third Degree Criminal Sexual Conduct
1. Penetration (see definition under CSC 1), and
2. One of the following circumstances:
a) Victim 13, 14, or 15
b) Force or coercion
c) Victim incapacity

Punishable by up to 15 years imprisonment :eek:

I see no mention of age difference.

I looked and looked too, and I could not find an age difference range. However I do know, as I stated earlier that Michigan is working on the stigmatism from this and trying to come up with some limitations.

Basically 17 is an adult and 16 is the consent age. Having sex with someone who is under the consenting age is illegal. Now the thing is..who is gonna bring the charges? I don't know that a prosecutor would necessarily go out of his way, unless the family stepped in. And the charge I can only assume would not be necessarily the worst. It could be seduction, which still NOW falls under the CSC registering offenses. And that registery carries for 25 years. There are some offenses now that you do not have to register. At least that is what I read up on this morning. It was an old source so I don't know the vailidy today.

[wolflover7470]

Thx for all the advice,I will consult a att.good luck to all.

[Scoop]

Yup, Third-degree CSC (750.520d) - penetration and victim is >= 13 and < 16. Up to 15 years in the can.

A 13 year old can not provide consent; consent is not a defense to 750.520d.

Call a good attorney.

[Drew27k9]

Here is Pennsylvania law:


§ 3122.1. Statutory sexual assault.
Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other.

[Scruit]

Drew,

That's a good example of the age-difference alowwance that some states have. Unfortunately Mich does not appear to have that allowance. :(

[Jynkxxie]

Yup, Third-degree CSC (750.520d) - penetration and victim is >= 13 and < 16. Up to 15 years in the can.

A 13 year old can not provide consent; consent is not a defense to 750.520d.

Call a good attorney.

Rbielak...Do you know the age differences? I really though there was some. But I can't find any...Just like Scruit.

But if you want to know something interesting that I did learn...If you are homosexual...the age of consent goes up to 18.

[wolflover7470]

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.

[wolflover7470]

Thank you DC LAW,The price of a att isn't the issue here the issue is that we don't have the cash to pay that att.so what your saying is that the only way the police got involved is because the girlfriends parent got them involved?

[Scruit]

If they make an arrest you will get access to a public defender.

Remember that law and justice are often different things. For all the 14yo girls that are victimized by older males that deserve to be punished, along comes one that may not consider herself to be a victim.

But that is irrelevant. She IS a victim under law, whether she likes it or not.

This is very serious. You need to at least consult with a lawyer. The first consultation is usually free, and that will give you the absolute 100% best guide to where to go from here.