Legal Question in Criminal Law in Michigan

statutory rape(3rd degree sexual misconduct)

My son is 20 years old and has been seeing a girl for several months now. She told him she was 17. they have been engaging in protected sexual intercourse--consensual. they are inlove and were planning on getting married.

The police caught them having intercourse in his car. It turns out the girl is 15. She does not want to testify against my son and wants the whole thing dropped.

Her mother is very angry. She wants to testify in court against my son in place of her daughter. She basically wants to speak on behalf of her daughter.

My question is whether or not this is allowed and is her testimony admissible? The daughter refuses.

Is there Michigan case law that supports the admissibility or denial of the testimony? I would like that info too.

I appreciate your help.


Asked on 10/21/04, 9:11 am

3 Answers from Attorneys
Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: statutory rape(3rd degree sexual misconduct)

You must understand that the State WILL move forward with prosecuting your son even if the girl doesn't want to testify. This is very serious crime (15 year felony), even if your son doesn't have a record, he could end up doing 2 years in prison. Please get your son legal representation. Feel free to us at (248) 737-7000

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Answered on 10/24/04, 8:20 pm
William Morrison Action Defense Center

Re: statutory rape(3rd degree sexual misconduct)

Criminal Sexual Conduct III is a 15 year felony and your son (if he has no previous record) is looking at a minimum of 2-3 years in prison if convicted. I bring this to your attention as your focus seems to be on the relatively minor issue of her mother's testimony.

This case goes forward with or without the daughter's testimony. If she refuses to testify, she faces contempt penalties and many young women reluctantly admit to the charged sexual relationship to avoid punishment by the courts (or their mothers). Any admissions she made to her mother would likely be admissable via the mother's testimony. From your narrative, the officer's testimony, standing alone, appears to be sufficient.

I use the terms "likely" and "appears to be" because an attorney, who has a full knowledge of the facts, would be able to provide a clearer position. Your son should be represented by counsel familiar with these matters.

I can be reached @ 248-680-1133.

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Answered on 10/21/04, 10:36 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: statutory rape(3rd degree sexual misconduct)

Your question seems to be (factually) related to another CSC case question posted in the past day. Both cases involve adult 'boyfriends' and underage 'girfriends' having sex ... and the girl doesn't want to testify because she 'loves' the boyfriend, and the girl's mother may be testifying about something.

Look at the question at

http://www.lawguru.com/cgi/bbs/mesg.cgi?i=629459899

and look at my answer for a little more info on the topic.

But I agree with the attorney who initially answered your question: your son (or anyone charged with a felony) should consult with a criminal defense attorney. One thing he didn't mention is the additional sanction of being registered on the Sex Offender Registry for 25 years.

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Answered on 10/21/04, 1:46 pm


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