Legal Question in Criminal Law in Michigan

Can a prosecutor convict a person of statutory rape considering these circumstances?
I live in Michigan&the legal age of consent is 16 my friend is 19&he was a senior in high school&he had sex with a girl that he thought was a junior and he thought she was 17.she got mad at him because he only had sex with her and left her alone.stop returning phone calls he even stop acknowledging she even existed she got mad&knowing that she was 15&he was19 she knew that statutory rape would be a good way to get him back she told her parents&they went to the police he got arrested&charged with statutory rape he has gathered up about at least 12 potential witnesses including her friends to say that she told all of them that she was a junior and 17 years old. he says if he knew her age he wouldnt have had sex. listening to his story will this be enough to convict him even if he didn't know?

Asked on 9/29/10, 10:40 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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A genuine and reasonable belief that the girl was of legal age is a defense against statutory rape charges. Whether the jury will believe that defense is hard to say. This is something your friend should discuss carefully with his lawyer.

The prosecutor does not have to prove that your friend knew the girl was underage. His belief is an affirmative defense, which means he will bear the burden of proof. Your friend may have to testify in order to present this defense, since none of the other witnesses will likely be able to talk about what your friend knew and what he believed. If he takes the stand the prosecutor will be able to cross-examine him, which may bring out a lot of information he'd rather not let the jury hear.

Answered on 10/04/10, 11:35 pm

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