Legal Question in Criminal Law in Michigan

My 17 year old was dating a 35 year old man. It was sexual, but the legal age of consent in michigan is 16. Is there anything this guy can be charged with?


Asked on 10/29/10, 12:35 pm

2 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC

Probably not, unless she was under a disability or some other crime was associated to their affair. kliszlaw.com Tim Klisz

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Answered on 11/03/10, 12:52 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

I agree with the first response: Your daughter, at 17, is legally old enough to choose to have a sexual relationship with the 35 year old, and that consent makes the conduct non-criminal. That's different from her mother (or others) feeling that she isn't MATURE enough to do that. The law's age of consent can't be individualized where "maturity" is the standard; the Legislature in our state chose 16 as the bright line birthday, while other states have chosen 18 or other ages. As long as both parties to the activity can legally consent (and DO consent), then the sexual activity is legal ... unless there's some other dynamic where the consent is overridden by another dynamic: (i) incest; (ii) force/coercion; (iii) physical helplessness or mental incapacitation; (iv) teacher-student relationship; etc. In those situations, even though the victim may be old enough to consent, the consent is voided because of those other issues, which allows a prosecutor to now file charges.

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Answered on 11/03/10, 2:11 pm


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