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Roger
Roger, Lawyer
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My 16 yo daughter was talked into consenting to intercourse

Resolved Question:

My 16 yo daughter was talked into consenting to intercourse with a 21yo she met online. He drove 2 hours to our home, picked her up, took her to a hotel to do it. She is now 17. She just told us about it 1 year later after trying to kill herself because of the emotional mental state this put her in this past year. Is this a sexual offense?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Roger replied 4 years ago.

In Michigan, it is a third-degree criminal sexual conduct if an adult makes sexual penetration with someone between age 13 and 16. § 750. 520b et seq. This charge carries up to 15 years in prison.

 

The age of consent in michigan is 16 years old. At the age of sixteen it is legal to have sex with anyone the age of 16 and over.

 

Thus, the act would not have been criminal under Michigan law due to age. However, if she was raped (had sex against her will).

Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26088
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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Customer: replied 4 years ago.
Does her mental state (Autism) have any affect on this?
Expert:  Roger replied 4 years ago.

Definitely. If she's not capable of giving consent or her condition otherwise would make her subject to being taken advantage of or raped, I understand your point.

 

My suggestion is that you speak to the sex crimes investigator at your county's district attorney's office about what happened and whether any charges can be filed.

Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26088
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 10 other Criminal Law Specialists are ready to help you

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