Legal Question in Criminal Law in Michigan

Emancipation

Im 15 years old and my boyfriend is 18. We had sex and now Im pregnet. Im turning 16 in October and I want to get emancipated. My dad is telling me that if we break up he will press charges against him and I dont want to be with him. Can he still get in trouble for CSC after I get emancipated?


Asked on 8/31/01, 1:34 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Emancipation

I replied to an almost identical question last week. See http://www.lawguru.com/cgi/bbs/mesg.cgi?i=62855856.

Here's what I wrote then:

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:

Im 15 years old and my boyfriend is 18. We had sex and now Im pregnet. Im turning 16 in October and I want to get emancipated. My dad is telling me that if we break up he will press charges against him and I dont want to be with him. Can he still get in trouble for CSC after I get emancipated?

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Answered on 10/01/01, 9:00 am


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