Legal Question in Criminal Law in Michigan

Rights of complaintant in sexual assult case

My 17 yr old daughter drank, passed out, came to with her clothes off and a kid from school having intercourse with her. Went to police filed report. Assigned to detective on sex unit. Problem, she wants police to talk to me and for me to be able to ask questions but they say she cannot sign release or anthing for that to happen. Defendant can have info released to lawyer but my they will only talk to my daughter. She needs to find out her rights so who should she talk to. Can't even get detective to call back, who to we talk to. Only find defense attornies in the phone book. Should she get a defense lawyer to explain things to her.


Asked on 4/06/06, 12:46 am

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Rights of complaintant in sexual assult case

I recommend that she talk to your county's prosecuting attorney's victim rights coordinator. Every PA office should have someone (and, in larger offices, several people) whose job(s) it is to interact with crime victims, to explain the processes involved, to help the victims get the help they might need, etc.

She should talk to the police. If the facts are as you indicated, she may well be a criminal sexual conduct victim. She cannot "consent" to sex if she is incapacitated (here, passed out drunk). A person who takes advantage of that and engages in sexual acts against another person who is incapacitated can be convicted of CSC.

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Answered on 4/06/06, 9:01 am


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