Legal Question in Criminal Law in Michigan

Statutory Rape

I run a church youth group. One of our teens is 18 years old and he is dating a 13 or 14 year old also in our group. Her parents know about it and approve as long as they watch her. If there is intercourse between them, it is legal because the parents know they are seeing each other? Are they even allowed, under the law to see each other? Are we liable in any way if this situation becomes statutory rape because we have them in our group together?


Asked on 9/05/04, 9:12 pm

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

Re: Statutory Rape

I can answer your first two questions, but not your third question.

No, it would not be legal for the 18 year old to have sexual intercourse or even sexual touching/contact with the 13-14 year old, even if the minor's parents "know they are seeing each other". In Michigan, a person must be 16 years old to even be able to give lawful consent to engage in sexual conduct. Even if the minor's parents 'approved' of the daughter having sex, that is not a legal defense.

No, the law does not prohibit the 18 year old and 13-14 year old from "seeing each other". The line is crossed when there is sexual conduct (sexual touching or penetration). Of course, even "seeing each other" sets up a dangerous atmosphere.

You'll have to consult with a private attorney to get legal advice re: your potential liability as an organization.

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Answered on 9/07/04, 8:31 am


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