Statutory Rape

Expert Statutory Rape Defense Attorney

The legal age of consent is 16 in the state of Michigan. Any individual who engages in sexual activity with children who are 15 and younger can be convicted of statutory rape. Statutory rape is also known as criminal sexual conduct (CSC). Teachers are not allowed to engage in sexual activity with any student of any age.

The determinative fact in a statutory rape case is the age of the child. If an adult has a sexual relationship with an underage person, the law has been violated – Period. In Michigan, even if the defendant mistakenly believed that the child is of age, it is not a defense to a charge of statutory rape. This even applies if the child tells the defendant that he/she is the age of consent, appears, or acts older. 

Statutory Rape Laws:

Criminal sexual conduct in the first degree (also known as CSC): includes any person engaging in sexual penetration with a child under the age of 13, or between the ages of 13 through 16 years of age, when the accused individual is: 

1) a member of the child victim’s household or family member

2) a person of authority over the victim 

3) a teacher, substitute, administrator, contractor, employee or volunteer of the victim’s school

4) a foster or care provider at the time of the crime.

The term sexual penetration involves intercourse, anal and oral sex, and digital penetration.

Criminal sexual conduct in the first degree is a felony crime and is punishable from 25 years to life in prison.

Criminal sexual conduct in the second degree (CSC):  includes any person engaging in sexual contact (other than penetration) like touching over/under clothing that is done for sexual purposes with a child under the age of 13, or between the ages of 13 through 16 years of age, when the accused individual is: 

1) a member of the child victim’s household or family member

2) a person of authority over the victim or teacher

3) a teacher, substitute, administrator, contractor, employee or volunteer of the victim’s school

4) a foster or care provider at the time of the crime.

Criminal sexual conduct in the second degree is a felony crime and is punishable for up to 15 years in prison.

Criminal sexual conduct in the third degree (CSC): includes any person engaging in penetration with a child that is under the age of 16 but over the age of 13, or a child age 16 or 17 if the defendant is a teacher, school employee, or the child’s care provider at the time of the crime.

Criminal sexual conduct in the third degree is a felony crime and is punishable up to 15 years in prison.

Criminal sexual conduct in the fourth degree (CSC): includes any person engaging in sexual activity with a minor without penetration. This crime involves a child under the age of 16 but over the age of 13, when the defendant is at least five years older; or a child age 16 or 17 if the defendant is a teacher, school employee, or the child’s foster care provider at the time of the crime.

Criminal sexual conduct in the fourth degree is a misdemeanor and can include 2 years in jail and a fine of $500. 

Statutory Rape is a serious crime. If you have been charged with this crime you need to contact a criminal defense attorney. McCririre Law PLLC has experience in sexual criminal defense. We can’t change your past, but we can help your future.