Michigan Legal Research: Sources of Law in Michigan

In the United States, the age of consent is legally defined as the minimum age at which a person is old enough to consent to sexual activity. Individuals under this minimum age are considered to be legally incapable of consenting to sexual activity. The age of consent actually differs between states. In some states, like New York, Tennessee and Iowa, the age of consent is This means that if you live in Michigan, a year-old is considered old enough to legally consent to sexual activity. While in Michigan any person over the age of 16 is legally able to give consent, there are a number of exceptions that can still result in criminal charges. These exceptions include the following:. This is a crime known as statutory rape or third-degree criminal sexual conduct. In Michigan, if you engage in any type of sexual activity involving someone under the age of 16, you are violating the age of consent and can be convicted of a felony charge. The penalties for criminal sexual conduct in Michigan are very severe and usually involve a period of prison time as well as expensive fines.

Statutory Rape

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(b) “Crime” means a violation of a penal law of this state for which the (b) A victim of criminal sexual conduct in the first, second, or third degree or of an assault (a) Payment of the minimum state cost prescribed by section 1j of chapter IX of.

The age of consent in Michigan is 16 years old. This means that a 16 year old can consent to sexual activity in most cases. There are exceptions, including familial relationships and when the activity involves a person in a position of trust or power or if the person is under the influence of drugs or alcohol. Putting aside the question as to whether a 16 year old is mature enough to make informed decisions regarding sexual activity, it is technically legal for a person this age to have consensual sexual relations.

However, there are many circumstances where sexual contact with a 16 year old would be against the law. Examples of illegal sexual activity include when the 16 year old is under the influence of drugs or alcohol, if there is any force or coercion, if there is a immediate family relationship, or if the other participant is in a position of trust or power over the minor. Paying a minor for sex, even someone 16 years old, is not just solicitation, it is a felony offense.

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What Is the Age of Consent for Sex in Michigan? According to Michigan law, the age of consent for sexual relations is 16 years old. Violating an.

Individuals who are 15 years old or younger in Michigan are not able to legally consent to sexual activity. An adult who engaged in such activity may face statutory rape charges. Under Michigan statutory rape laws, the age of consent is raised to 18 years old when the older party is an authority figure. An example of an authority figure would be a teacher; it is illegal for a high school or grade school teacher to have sex with a student.

A lot of people who are accused of this crime were are not aware of the age of their sexual partner. Under Michigan law, a mistaken age is not a defense to the crime of statutory rape. In order to prove that a rape has occurred, the prosecutor has to prove beyond a reasonable doubt that there was no consent given to engage in sexual activity.

Because of this, examination of the issue of consent is always an important step the prosecutor and a defense attorney also closely examine. In the case of statutory rape, if one of the parties engaging in sexual activity is a legal minor, there consent cannot be given and therefore a person can be charged with statutory rape. The legislature in Michigan has passed legislation that who have not reached the statutorily designated age are not able to give consent to sexual activity.

The impact of a statutory rape conviction will cause harmful consequences to anyone convicted of this crime. These impact will also be permanent. Romeo and Juliet provisions keep someone from having to be registered as a sex offender. This will happen if the person charged with statutory rape can meet the following requirements:.

Statutory Rape Crimes

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defined? Under Utah law, sexual offenses “without consent” of the victim arise when: Mich. Comp. Laws. Ann. § b – e. At what age is a person able to.

The Michigan Supreme Court upheld the conviction, but in doing so noted a glaring inconsistency in Michigan laws designed to protect children from exploitation. Specifically, the justices pointed out that various laws appear in conflict over whether the age of consent in Michigan is 16 or The law that Willis was charged under defines a child as under age But Michigan law in general puts the age of consent at It also creates a legal loophole for predators, who can claim their behavior was legal because the victim involved was over age This compounds the problem.

Clarifying the law would be a good step toward cleaning up the sex offender registry, which now contains 44, names. Not all of those on the list are predators. Many earned a spot as older teens for having consensual sex with partners a year or two younger than themselves. The registry serves no purpose if it tosses teenage sweethearts together with sexual predators.

But the current loopholes in the law make that a distinct possibility. The Michigan Legislature should fix these discrepancies in the legal code to assure the law is clear and consistently applied. View Comments.

Sex in the States

Robert E. Anderson is shown. The president of the University of Michigan has apologized to “anyone who was harmed” by Anderson, a late doctor after several former students said he molested them during medical exams at the school. One man said Thursday, Feb. Anderson molested him during a medical exam in or Police started investigating the onetime director of the University Health Service and physician for the football team in July after a former student athlete alleged abuse by Anderson in the s.

While in Michigan any person over the age of 16 is legally able to give consent, there are a number of exceptions that can still result in criminal.

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Editorial: Michigan’s sexual consent laws need clarity

This section focuses on laws addressing sexual intercourse. As the first column in Table 1 shows, the age of consent varies by state. In the majority of states 34 , it is 16 years of age. In the remaining states, the age of consent is either 17 or 18 years old 6 and 11 states, respectively. A common misperception about statutory rape is that state codes define a single age at which an individual can legally consent to sex.

However, according to Michigan law, having sex with someone four years of each other in a consensual, oftentimes, dating relationship.

Getting into trouble does not only end with the presence of consent when you have sexual intercourse. You must be sure the individual you are having sex with has attained the statutory age of consent. In the United States, the age of consent is known as the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. A common misconception about statutory rape is that there is a single age at which an individual can legally consent to sexual activity.

The Age of Consent ranges state-by-state from 16 to 18 years old across the United States. While states like New York, Tennessee and Iowa has 18 and states like Mississippi, Idaho and Texas have 17, In Michigan, the age of consent for sexual relations is 16 years old. This means that, in most cases, a 16 year old can consent to sexual activity.

Regardless of the question as to whether, you as a 16 year old are mature enough to make primed decisions as regards sexual activity, it is, in technical terms legal for you, at this age to have sexual relations which you consent to. What Age of consent entails is that as a person, once you attain it, the age of 16 in Michigan, you can give your consent to sexual activities in majority of cases. However, you should know there are a number of exceptions to this.

They include;. Violating an age of consent law is known as Statutory Rape.

Know Your: Ages of Consent! (Song)