- August 20, 2024
- Sex Crimes
Michigan law is very clear when it comes to consent and sex crimes. If a sexual partner says no or tells you to stop during intercourse, failing to do so is a crime. Sex crimes in Michigan carry severe consequences, including lengthy jail terms and possibly having to register as a sexual offender.
The Basics of Michigan’s Sexual Consent Laws
Any form of unwanted sexual activity is a crime in Michigan. State law uses the term “criminal sexual conduct,” which applies to actions like rape and sexual assault. There are four degrees of criminal sexual conduct, with first-degree criminal sexual conduct being the most severe and fourth-degree being the least severe.
First-degree through third-degree criminal sexual conduct charges are felonies, while a fourth-degree criminal sexual conduct charge is a misdemeanor. However, a fourth-degree criminal sexual conduct charge still carries up to two years in prison. At the upper end, a conviction for first-degree criminal sexual conduct potentially carries a lifelong prison sentence.
It’s also worth noting that Michigan law specifically says victims do not need to resist someone for their attacker to face a criminal sexual conduct charge. A verbal “no,” “stop,” or other signs of unwanted sexual acts are enough to potentially justify a criminal charge.
When Sexual Partners Cannot Consent in Michigan
While “no” and “stop” are clear signals that you should not initiate or continue sexual activity with a partner, there are other circumstances in which people cannot legally give consent, even if they nominally agree to a sexual act. These circumstances include:
- Sexual Activity with Partners Under 16 – The age of consent in Michigan is 16, and any form of sexual activity with someone younger than 16 is illegal. Furthermore, Michigan does not have a “Romeo and Juliet” law permitting or mitigating the penalties for sexual activity between adolescents who are close in age.
- Sexual Activity Between a Partner Aged 16-17 and an Authority Figure – While the general age of consent in Michigan is 16, there’s a higher age of consent for sexual acts between authority figures and adolescents. In these cases, the age of consent is 18. For example, teachers cannot have sex with students who are 16 or 17 years old, although those students would otherwise be old enough to consent to sexual activity.
- Sexual Acts with Anyone Who Is Physically or Mentally Incapacitated – It is illegal to engage in sexual activity with anyone who suffers from an incapacitating physical or mental disability. Additionally, these acts often lead to more severe charges and higher penalties upon conviction.
- Sexual Activity with an Intoxicated Partner – A person who is drunk or under the influence of drugs cannot legally give consent in Michigan. This rule applies even if someone nominally agrees to sexual activity while under the influence of alcohol or drugs.
Facing a Criminal Sexual Conduct Charge in Michigan? Call Us Now
Criminal sexual conduct and similar charges in Michigan carry steep penalties that can have significant adverse effects on your life. Former state and federal prosecutor John Freeman understands the stakes in these cases and can aggressively defend you against these charges. Contact the Law Offices of John Freeman today for a confidential consultation.