QUESTION
What should I do on my preliminary hearing?
Asked on Mar 24th, 2013 on Sex Crimes - Michigan
More details to this question:
sexual conduct 3rd degree charge, the girl agreed that it was consensual, and also lied about her age. The parents arent trying to press charges. But the prosecutor is. The prelim is Wednesday. Need to know what to do , should I fire my court appntd. attorney if he's not doing anything for me?
1 ANSWER
Criminal Defense Attorney serving Williamston, MI
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MCL 750.520d states:
(1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if ANY of the following circumstances exists:
(a) That other person is at least 13 years of age and under 16 years of age.
CSC III is the equivalent of "Statutory Rape" And therefore does not require any force or coercion. The sex act can (and frequently is) completely consensual. In fact it could occur at the girl's request or initiation and still be CSC II. Because, unfortunately a girl under the age of 16 can not give consent.
CSC III is a per se crime, the fact that it happened is sufficient, it doe snot matter if the girl misrepresented her age or not, the fact that there was sexual penetration with a girl between the age of 13 and 16 is all the prosecution needs to prove to establish the crime.
Answered on Mar 25th, 2013 at 12:48 PM