Legal Question in Criminal Law in Michigan

Re: third degree sexaual misconduct

The minor victim/complainant has to testify herself. Her mommy cannot testify for her ... unless the mother was an eye witness to the CSC (ie, she walked in on them engaging in the CSC act).

The minor (assuming she's younger than 16 years old at the time of the charged crime) is legally incapable of consenting to sexual conduct (touching or penetration) with another person ... especially a 21 year old adult. Legally, she cannot say "yes".

"Love" has nothing to do with whether someone has to testify, and "love" is not a defense to CSC 3rd Degree.

Assuming that the child is subpoenaed to testify, she's going to have to appear in court, or risk being held in contempt of court.

Look at it this way: the Legislature has said (through the 16-year old consent law) that the girl is too young to legally decide whether to have sex. The laws also give the prosecuting attorney (not the child or the child's parents) the authority to issue charges and decide what charges should be issued. If the child (or the child's parent) could simply testify that the man and the child were "in love" (more like "in lust") as a defense to the CSC, then the "consent statute" and the prosecutor's constitutional position as the chief law enforcement authority in the county would be meaningless.

Finally, one wonders whether the child's parent(s) knew about their young daughter's relationship with the 21 year old and tacitly or expressly approved of her having sex with the man.