Legal Question in Juvenile Dependency in Michigan

Re: Juvenile Dependency

"Can" you? Yes, legally. Michigan's age of consent is 16. But it's not as simple as "I'm 16, so I can do what I want ... and I want to have sex with my 18-year old boyfriend."

Until you are 18, you're a minor re: most things. Yes, you can consent to have sex at 16. You can drive a car at 15 or 16. You can decide to stop going to school by then, too. But that's about it. All other activities of life are in your parents' control ... unless you become legally emancipated before you turn 18 (which is much harder to do than you think). So there can be a conflict between your 16-year-old legal ability to have sex and your position of obeying your parents' reasonable commands. If you having sex with someone at that age is against your parents' orders, your parents might petition the juvenile court to have jurisdiction taken over you as an incorrigible youth. If that's successful, then the court controls your life ... not your parents, not you.

Despite your youthful urges, why rush into this very 'adult' activity? Consider whether the guy is actually using you for the thrill of having sex with someone so young. And, are you prepared (emotionally, intellectually, financially, etc.) to possibly become a mother at 16, and have to raise a baby 24/7/52??? Don't think that your parents will bail you out. And don't count on the guy to be there to help, or pay for the child's care. Consider the worst-case scenerio and ask if your baby will be in a good environment in your care as a single, under-educated, young mother? Yes, "other people" have made that work ... but can you?

"Age of consent" means just that -- a person who has reached an age set by law that gives the person the legal capacity/ability/authority/power to agree or consent to participate in sexual activity. Before that age is reached, the youth does not have that authority and cannot give consent. Anyone engaging in sexual conduct with that minor is at risk of being charged with Criminal Sexual Conduct (www.prosecutingattorney.info ... then click on Legal Definitions button and scroll down to CSC).

Because a 16 year old is probably not legally emancipated, she is usually living at home and subject to obeying her parents' lawful commands. Those two legal settings result in a lot of conflict (the minor is old enough to say 'Yes' to her boyfriend ... but the parent says "While you're living under MY roof ..."). That conflict might bring the Family Court into the mix with the parents claiming that the minor is "incorrigible", which is a legal basis for the court to "take jurisdiction" of the under-18-year old.