Legal Question in Criminal Law in Michigan

csc

I am a 21 yr old female being accused by a 15 year old female of giving oral sex to her when she was 9 and i was 15. Can i get in trouble and charged as an adult when she was 9 and i was 15. And i never did this..she is lying and has like 20 or 30 more people she is accusing. and were both females.


Asked on 11/01/08, 1:46 pm

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: csc

Yes, a prosecutor could choose to charge you, but would have to decide whether to charge you as a juvenile offender (because you were 15 at the time of the offense) or as an adult (which is allowed for someone committing CSC as a 15 year old with a victim under 13 years old).

If you recall the Michael Skakel case in Rhode Island (or Connecticut?) a few years ago, he was charged when he was in his 40's for a CSC that happened when he was a teenager. The case began in juvenile court, and then transferred to adult court. One legal rationale was that the juvenile court system and services were inappropriate to deal with someone of his age. The same rationale could be applied to you.

Will you be charged? That's impossible for us to say due to the limited facts you provided us. CSCs are tough cases to prosecute under the best of circumstances. Add in the delay in the report, the accuracy of a 9 year old's memory of event details, and anything else that affects the victim's credibility, and a prosecutor has to look at the case very carefully before charging.

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Answered on 11/03/08, 10:50 am
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: csc

Yes, you could be charged if the prosecutor decides there is enough evidence, but the prosecutor would still have to prove its case and it sounds like there isn't a lot of evidence (i.e., just her word - no eyewitnesses, physical evidence, etc.)

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Answered on 11/01/08, 11:31 pm


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