Legal Question in Juvenile Dependency in Michigan
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can a minor have sex with another minor in michigan
Asked on 1/23/09, 8:02 pm
1 Answer from Attorneys
Neil O'Brien
Eaton County Special Assistant Prosecuting Attorney
Re: Can a minor have sex with another minor?
Technically (legally), no. It might be 'voluntary' (i.e., neither minor was forced to do it), but it is not consensual because no one under 16 can legally consent to sexual conduct in this state.
So it is against the law for ANYone to engage in sexual conduct with any person under the age of 16. The law does not say "it is illegal for a person 16 or older to engage in sexual conduct with a person under 16".
Some counties do prosecute both minors for having sexual penetration or sexual contact with another minor. Some counties only issue charges if there was force or violence involved (i.e., it was not even 'voluntary').
Answered on 1/24/09, 8:50 am
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