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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).
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.