Legal Question in Criminal Law in Michigan

Re: Criminal Sexual Conduct

Your brother could be prosecuted for Criminal Sexual Conduct 3rd Degree (sexual pentration with a minor 13-15 years old). This is a felony. But, the "proof" would likely be available after the baby is born and blood/DNA tests prove that he fathered the child at a time when the mother was under 16 years old.

The bottom line is this: if you are 16 years or older, do not have sexual penetration or contact with a person who is under 16 ... even if you're in a relationship, or are "in love". A child under 16 has no legal capacity to "consent" to sex, period.

Emancipation is another issue entirely, and a hard thing to do legally. Even if she is legally emancipated, if she's under 16, she still has no legal power to consent to sex.

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You wrote:

My brothers girlfriend is only 15 and hes 18. Shes Pregnet and will turn 16 in october and wants to be amancipated. Can tehy go back on him and put him in jail after she is amancipated even though he got her pregnet when she was 15?