Legal Question in Criminal Law in Michigan

I am 17 years old and a senior in highschool. I am dating a 15 year old freshman. We have been dating for about a year and we have started getting intimate. Her parents are devorced her mom knows about our intamacy but her father does not know. I am afraid she might have gotten preganent. I am afraid that if her father finds out than he will get me with statuatory rape. I heard about something in michigan that if you have a parents permission than I can not get in trouble. But would i need both parents permission?


Asked on 10/12/09, 2:23 pm

4 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC

You are wrong about what you may have heard. There is no permission exception to statutory rape. If found out and reported to the police, you will likely be charged with the felony. Visit www.kliszlaw.com for more details.

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Answered on 10/17/09, 2:45 pm
William Morrison Action Defense Center

It's not her dad you have to worry about. It's the school counselor and your girlfriend's doctor who are required by law to report this to the police if they find out she's pregnant.

If you're lucky, her father might have enough common sense to know that you can't support his grandchild while you're in prison.

"Parent's permission" is a fairy tale. Keep your mouth shut when the cops come to get you. Resist the temptation to get it all off your chest so you can feel better. Get a lawyer.

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Answered on 10/18/09, 12:05 am
Daniel Hajji Daniel Hajji & Associates

You're in trouble. What you have heard is NOT true, perhaps another state, but certainly not Michigan.

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Answered on 10/18/09, 9:49 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

I'm guessing that the "parental permission" thing you've heard about is connected to "emancipation" .... which has nothing to do with Criminal Sexual Conduct.

Emancipation is a process where someone becomes an adult, either by turning 18 years old, becoming validly married (which WOULD require both parents to agree to in writing if the bride or groom is under-age), is on active military duty, or a judge grants a petition seeking emancipation. For the latter, the petitioning minor must prove that the parent/guardian either does not object to emancipation or is not supporting the minor ... so, evidence that mom & dad are signing off on this might be required.

But, emancipation is only possible for someone who is 16 or 17 years old (and your girl friend isn't even old enough to try to become emancipated) ... but if the girl was 16, she's old enough under Michigan law to consent to sexual relations anyway. So, it sounds like people who know very little about the law are misleading you here because they're jumbling together thngs that should be jumbled.

The bottom line is that you are putting yourself at risk of criminal prosecution for a serious felony if you engage in sexual conduct (touching pr penetration) with anyone under 16 years of age ... regardless of whether she and/or her parents are 'cool' about it. Until she turns 16, she cannot legally consent to sexual conduct. Yes, it might be "voluntary", but the law doesn't ask if it was voluntary, only of she consented, and she has no legal power to consent when she is that young.

WILL you be prosecuted, even if someone reports you to police or other authorities? That's impossible to answer here because, depending on the facts, a prosecutor may have the discretion to charge you ... and we cannot predict which prosecutors would use that discretion and which would not.

So, it's your choice to play Russian roullette with your immediate and long-term future (risking possible jail/prison time, being on a sex offender registry for 25 years, being labeled a "sex offender" in your community, etc.) ... all for THAT?! Wait until you're no longer risking a felony charge.

Also, you may not be considering this factor ... but are you truly ready to become a father at 17-18 years old?

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Answered on 10/19/09, 10:40 am


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