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Statutory rape is a serious crime that carries significant consequences in Michigan. If you or someone you know is facing allegations of statutory rape, it’s crucial to comprehend the relevant laws and penalties associated with this offense. Below, statutory rape lawyers at George Law will delve into the specifics of MCL 750.520d, discuss the potential penalties upon conviction, explore available defenses, and provide guidance for seeking legal representation.
What Is MCL 750.520d?
Statutory rape is referenced under MCL 750.520d. The statute outlines several situations that qualify as criminal sexual conduct in the third degree based on the age of the victim:
Age Of The Victim
If the victim is between 13 and 16 years old, and the perpetrator engages in sexual penetration with them, it is considered a crime.
School-Related Offenses
If the victim is at least 16 but less than 18 years old and a student at a public or nonpublic school, and the perpetrator is a teacher, substitute teacher, administrator, employee, volunteer, or contractual service provider at that school, and they use their position to gain access to or establish a relationship with the victim, it is criminal sexual conduct. However, this provision does not apply if the victim is emancipated or if both parties are lawfully married.
Special Education Services
If the victim is at least 16 but less than 26 years old and is receiving special education services, and the perpetrator is a teacher, substitute teacher, administrator, employee, volunteer, or contractual service provider at the school providing the special education services, and they use their position to gain access to or establish a relationship with the victim, it is criminal sexual conduct. Again, this provision does not apply if both parties are lawfully married.
Child Care And Foster Home Settings
If the perpetrator is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or group home, and the victim is at least 16 years old and residing in that organization or home at the time of the sexual penetration, it is criminal sexual conduct.
Penalties For Violating MCL 750.520d
Under the statute 750.520d, criminal sexual conduct in the third degree is classified as a felony offense with a maximum penalty of imprisonment for not more than 15 years.
Additionally, in some cases, individuals convicted of criminal sexual conduct offenses may also be subject to other legal consequences, such as mandatory registration as a sex offender, probation, fines, restitution to the victim, and court-ordered counseling or treatment programs.
It’s important to note that the actual sentence imposed in a particular case can be influenced by various factors, such as the severity of the offense, the presence of aggravating or mitigating circumstances, the defendant’s criminal history, and the discretion of the judge overseeing the case.
Some Potential Defenses To Michigan Statutory Rape Charges
Lack Of Age Knowledge
If the defendant genuinely did not know or have reason to know that the victim was underage (13 to 16 years old), it could be a defense. This defense would require evidence showing that the defendant had a reasonable belief that the victim was above the age of consent.
Mistaken Identity
If the defendant can provide evidence that they were not the person who engaged in the alleged sexual penetration, it may be a valid defense. This defense would require presenting evidence that supports an alternative explanation for the incident or raises doubts about the defendant’s involvement.
Insufficient Evidence Defense
If the prosecution fails to present sufficient evidence to prove beyond a reasonable doubt that the accused person engaged in the sexual penetration as defined by the statute, the defense can argue for an insufficient evidence defense. This defense challenges the strength and credibility of the prosecution’s case.
False Accusation Defense
In certain situations, the accused person may assert a defense based on false accusation. This defense involves presenting evidence that the allegations of criminal sexual conduct were fabricated or motivated by ulterior motives such as revenge, personal grudges, or other malicious intent.
Seeking Legal Assistance For Statutory Rape Charges In Michigan
Being charged with statutory rape in Michigan is a serious matter, and understanding the laws and potential consequences is crucial. If you or someone you know is facing allegations of statutory rape, it’s imperative to seek the assistance of a skilled attorney who can provide personalized legal advice and representation.
Remember, legal support is essential in navigating the complexities of the criminal justice system and striving for a fair outcome. George Law is a respected law firm with experience in handling criminal defense cases, including those involving statutory rape charges. Reach out to George Law today by calling (248) 247-7459 or by contacting us online.