Legal Question in Criminal Law in Michigan

Re: Age of Consent

No. The age of consent in Michigan is 16. So, if both parties are already 16, and both consent, it's ok.

The difficulty arrises when, as in your case, one person is still not legally emancipated and may be living under his/her parents' roof and rules. It's not unusual to see conflicts between this young person's legal right to consent to sexual activity versus the unemancipated minor's obligation to obey his/her parents' reasonable commands and rules (ie, the parents do not want the under-18 year old to be having sex with a 20 year old). That conflict might bring the Family Court into the mix with the parents claiming that the minor is "incorrigible".

95% of the time, people become emancipated by simply turning 18 years old. Others become emancipated by getting married (with parental approval). Folks under 18 can petition the probate court to become emancipated even without parental approval, but it is a very difficult thing to do. Judges are reluctant to do this unless the kid is emotionally mature and financially capable of caring for or providing for him/herself without the parents.