Statutory Rape Crimes
In Michigan there is no crime called “Statutory Rape”. Generally speaking, however, statutory rape refers to the age of consent. In Michigan the age of consent is 16.
In Michigan, age is calculated by using the “birthday rule." People v. Woolfolk, 304 MichApp 450, 504-506 (2014). The birthday rule marks an individual’s age by the date of the anniversary of the individual's birth.
What is considered Statutory Rape in Michigan?
Statutory rape, or having sexual contact with an individual under the age of consent is an aggravating factor in criminal sexual conduct to various degrees.
For example, criminal sexual conduct with a person under 13 years of age, is an aggravating circumstance and will elevate the seriousness of the crime. Likewise, if the individual is between the ages of 13 and 16, it also aggravates the circumstance to a lesser degree than the previous example with an individual under the age of 13.
Another example is when the individual is between 13 and 16 years of age, and the Defendant is 5 or more years older, it likewise aggravates the criminal sexual conduct.
This is just a very basic explanation of how “Statutory Rape” or age of consent is embedded into Michigan’s Criminal Sexual Conduct crimes. There are, however, other examples of age as factor in the degree and/or seriousness of the sex crime.
If you or a loved one is confronted with a situation involving criminal sexual conduct, you need to contact an attorney who is extremely experienced in this area.
Criminal Defense Lawyers Serving Southwestern Michigan
Mistakes around age of consent are not uncommon, but they are the kind of mistakes that have far-reaching consequences. To reduce the impact these charges can have on your life, you need to work with a lawyer who understands the nuances of the “birthday rule” and who has experience representing clients facing allegations. With more than 100 years of combined experience, the attorneys at Hills at Law are prepared to work tirelessly on your behalf to achieve the most favorable outcome possible.
Facing Statutory Rape Allegations? Don’t Waste Time. Call Now.
Once you’ve been charged with a crime, every minute you wait puts a positive outcome further out of reach. You have a legal right to remain silent and to have an attorney present when speaking to the police. Invoke your rights. Contact us as soon as you can. Our office is conveniently located near Western Michigan University and Kalamazoo College.