Michigan Sex Crimes Legal Questions

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.... Read More

Criminal Sexual Conduct in the 3rd degree occurs when "a 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. (2) Criminal sexual conduct in the third degree is a a felony punishable by imprisonment  for not more than 15 years. MCL 750.520d It does not matter if the actor was only 16. Whether he goes to prison depends on if he is charged as an adult or a juvenile, and if an adult the sentencing guidelines,  but if he is charged as an adult prison is a real possibility. ... Read More

No. MCL 750.520d "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." Criminal Sexual conduct in the third degree is a felony punishable for not more than 15 years. It does not matter if the actor knows the other person was under 16 or not, it is a per se crime ... Read More

The court will not look at any evidence until it is brought before the court in a proper Motion. Or presented at trial. Since your question stays that you are at a continuation, I assume you are represented by counsel. I would suggest that you communicate your concerns to him. He/she is in a far better position to advise you on these matters than anyone else. ... Read More

If you are defining Incest as sexual intercourse; unless the parties are legally married to each other, the answer is yes; Incest is illegal. MCL 750.520d provides: Sec. 520d. (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 exist: (d) That other person is related to the actor by blood or affinity to the third degree and the sexual penetration occurs under circumstances not otherwise prohibited by this chapter. It is an affirmative defense to a prosecution under this subdivision that the other person was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by a preponderance of the evidence. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation. ... Read More

Yes, it is legal. In addition, MCL 767.5a provides; "Any communications between attorneys and their clients, between members of the clergy and the members of their respective churches, and between physicians and their patients are hereby declared to be privileged and confidential when those communications were necessary to enable the attorneys, members of the clergy, or physicians to serve as such attorney, member of the clergy or physician. However, if the church member is speaking to you as a friend or in any capacity that falls outside your duties as pastor your conversation is not privileged and you may be compelled to testify about it. ... Read More