Legal Question in Civil Rights Law in Michigan

Over Age

hi, i am fifteen years of age and my boyfriend is 19 years old and i love him so much. we've been together for 10 months now and we are sexually active with eachother. my mom does not agree with any of our decision's adn she doesn't want us even talking as Friends. if we continue to talk without her permission and be together will he get in trouble with the law? because thats the last thing that i want to happen to him. can she press charges for salutary rape even if im agreeing to have sex with him? can he go to jail for still seeing me? please help me because im in love with him and we're thinking about having a baby!


Asked on 6/15/09, 10:38 pm

2 Answers from Attorneys

Thomas Loeb Law Offices of Thomas M. Loeb

Re: Over Age

Yes, she can press charges for statutory rape even if you consent. If he is convicted he must go to prison.He cannot go to jail, and he cannot get probation. A conviction means prison.

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Answered on 6/16/09, 1:18 pm
Sarah Grosse Sarah Grosse, Esquire

Re: Over Age

You have a serious legal problem.

In Michigan, until you are 16 years old, you cannot consent to sexual intercourse with anyone of any age. Until you turn 16, your boyfriend can be charged with a 3rd degree felony and serve up to 15 years in prison for having sex with you. This charge is commonly called "statutory rape" because the crime is in your age (you are deemed to not be of legal age to give consent to have sex), but it is the SAME LAW which is broken when a man rapes a woman by force against her consent. This conviction would brand your boyfriend as a sex offender for the rest of his life.

Continuing to talk to your boyfriend is not illegal, nor is seeing him (so long as everyone's clothes stay on and everyone remains vertical). However, until you are 18, you are under your mom's control, and you must obey her rules. The only way to legally remove yourself from your mom's control is to get married. In Michigan, no one under sixteen can be married. So, for now you are under your mom's control no matter what, and between 16 and 18, if you want to be out of your mom's control, you can get married.

While I do not advocate for anyone to get married at such a young age, it would seem to somewhat legitimize the otherwise VERY, VERY, INCREDIBLY BAD IDEA of intentionally having a baby with your boyfriend when you are a teenager and not married.

I wish you wisdom that only time and age can bring.

Sarah

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Answered on 6/16/09, 3:33 pm


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