What You Need To Know About Sexual Consent In Michigan
In the past few years, the news media and other outlets have used the term “consent” repeatedly in reference to criminal sexual offenses. Even though this word seems to be everywhere, many people do not understand what it means.
As a criminal defense lawyer, I wish to help my clients and people throughout Michigan understand the law and how it applies to them. I am James K. Champion, founding attorney of Law Office of James K. Champion, PLLC. These are three of the most important things that you should know about consent in Michigan.
1) What does sexual consent mean?
In legal terms, consent means that someone voluntarily agrees to have sexual relations. It is against the law to have sexual contact of any kind with someone who does not or cannot give consent.
2) What is a lack of consent?
A sex act lacks consent if a participant:
- Has a mental condition prevents them from understanding the consequences or the nature of the sex act itself.
- Is temporarily unable to control their actions due to the influence of substances.
- Is physically unable to resist due to unconsciousness, inability to communicate, or unawareness of the act.
For any sexual activity to be consensual, a person needs to agree voluntarily and with a clear mind. If this is not the case, it’s considered a lack of consent and can be legally regarded as sexual assault.
3) What is the age of consent in Michigan?
Every state has an age of consent, which is when a minor can give their legal consent to have sexual intercourse. In Michigan, the age of consent is 16. Having sex or sexual contact with anyone under the age of 16 is against the law, no matter the age of the other party.
Age Of Consent And Michigan’s Romeo And Juliet Law
Under the Romeo and Juliet Law, for teenagers under 16, there’s a specific condition: if someone 13, 14 or 15 years old has sexual contact with someone who is four or fewer years older, it’s not considered a crime under this limited provision. However, this “close-in-age” rule doesn’t protect adults or even older teens if the younger person is under 13, who have much stronger legal safeguards. Furthermore, any act involving sexual penetration can lead to serious legal trouble, regardless of age differences in these “close-in-age” scenarios.
Ask More About Consent In A Free Consultation
At Law Office of James K. Champion, PLLC, in Grand Rapids, I can answer any questions you have about consent and the law. If you face criminal charges involving a lack of consent, I can defend your rights. To get a free initial consultation with me, call 616-953-8499 or toll-free at 888-723-0075 or send an email.