Legal Question in Criminal Law in Michigan

Re: satutory rape

Technically ... yes. Any person under 16 years of age is legally incapable of "consenting" to sexual contact or sexual penetration ... and anyone 16 or over who has sexual conduct with someone under 16 can be charged with Criminal Sexual Conduct (we don't call it 'rape' in Michigan).

But, prosecutors usually do not make charging decisions based solely on those facts, especially when they are one year apart in age (and, due to when the birthdays occur in relation to the offense date, they might only be days apart). Prosecutors will also look at whether there was any force or coersion involved, whether they had been in a relationship, and will talk to the under-age person and his/her family to see if they want prosecution.

For some more information on CSC, go to www.co.eaton.mi.us/ecpa/define.htm and scroll down to Criminal Sexual Conduct.