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  1. #1
    Join Date
    Oct 2012
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    5

    Exclamation Can a Minor Ignore Her Parents' Rule Against Seeing Her Adult Boyfriend

    Hello,
    I'm an 18 year old resident in the state of Michigan, and I have a relationship with a 15 year old girl. During our relationship, we sent each other sexually graphic messages over the phone and we also committed physical acts of consented sexual relations when I was 17 and she was 14. I've studied the age of consent laws in Michigan and I'm very certain that we didn't break any laws regarding it, but when her parents found out about our sexual relations, they did not know how to handle it. They alienated me and started preventing me from having any contact with their daughter, and when I asked to have a civilized discussion and apologized and truly tried to repent for my actions, they warned me that they would have the authorities arrest me for stalking. They also said if they did arrest me, they would take out a personal protection order against me. Their daughter and I have created a loving and stable relationship without any continuation of sexual relations, yet the parents try to pretend I don't exist. I am willing to wait until their daughter is 18, but I'm willing to do anything to legally and righteously make things work. Do I have to wait until she's 18? Or is there a loophole I am missing? What are my options?

  2. #2

    Default Re: What Are the Rights of a Minor to Decide Who She Wants to Communicate with

    Quote Quoting IAM1994
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    Hello,
    I'm an 18 year old resident in the state of Michigan, and I have a relationship with a 15 year old girl. During our relationship, we sent each other sexually graphic messages over the phone and we also committed physical acts of consented sexual relations when I was 17 and she was 14.
    No, you committed a third degree felony, because the law doesn't recognize the ability of a 14 year old to give consent. You're looking at prison time, friend.

    I've studied the age of consent laws in Michigan and I'm very certain that we didn't break any laws regarding it,
    Apparantly you can't read, since the very FIRST line of the applicable law says:

    750.520d Criminal sexual conduct in the third degree; felony.
    Sec. 520d.

    (1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exist:

    (a) That other person is at least 13 years of age and under 16 years of age.


    hint: 14 is between 13 and 16



    but when her parents found out about our sexual relations, they did not know how to handle it. They alienated me and started preventing me from having any contact with their daughter, and when I asked to have a civilized discussion and apologized and truly tried to repent for my actions, they warned me that they would have the authorities arrest me for stalking.
    The stalking charge should be the least of your worries. It's the felony charge you should be worried about, and the sex offender registration you'd be subjected to.


    They also said if they did arrest me, they would take out a personal protection order against me.
    They can seek that even without an arrest.


    Their daughter and I have created a loving and stable relationship without any continuation of sexual relations, yet the parents try to pretend I don't exist. I am willing to wait until their daughter is 18,
    It's a bit late for that now - you've already committed the crime.


    but I'm willing to do anything to legally and righteously make things work. Do I have to wait until she's 18? Or is there a loophole I am missing? What are my options?
    No there's no loophole. You really need to be speaking to a criminal defense attorney and staying as far away from this girl as possible.

  3. #3
    Join Date
    Oct 2012
    Posts
    5

    Default Re: What Are the Rights of a Minor to Decide Who She Wants to Communicate with

    Way to sound condescending on a supposedly "helpful" site. But I get the between 13 and 16 thing. My problem is that when I look at all of the other rules that are also in effect with that one, I've done nothing illegal. For example, I've done none of these things.

    First Degree Criminal Sexual Conduct - Section 750.520b
    (a) A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with another person and if any of the following circumstances exists:
    That other person is under 13 years of age
    That other person is at least 13 but less than 16 years of age and any of the following:
    The actor is a member of the same household as the victim
    The actor is related to the victim by blood or affinity to the fourth degree
    The actor is in a position of authority over the victim and used this authority to coerce the victim to submit

    Sexual penetration occurs under circumstances involving the commission of any other felony
    The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists:
    The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless
    The actor uses force or coercion to accomplish the sexual penetration. Force or coercion includes but is not limited to any of the circumstances listed in subdivision (f)(i) to (v)
    The actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon
    The actor causes personal injury to the victim and force or coercion is used to accomplish sexual penetration. Force or coercion includes but is not limited to any of the following circumstances:
    When the actor overcomes the victim through the actual application of physical force or physical violence
    When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats
    When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, "to retaliate" includes threats of physical punishment, kidnapping, or extortion
    When the actor engages in the medical treatment or examination of the victim in a manner or for purposes which are medically recognized as up or unacceptable
    When the actor, through concealment or by the element of surprise, is able to overcome the victim
    The actor causes personal injury to the victim, and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless
    That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:
    The actor is related to the victim by blood or affinity to the fourth degree
    The actor is in a position of authority over the victim and used this authority to coerce the victim to submit

    (b) Criminal sexual conduct in the first degree is a felony punishable by imprisonment in the state prison for life or for any term of years.



    Second Degree Criminal Sexual Conduct - Section 750.520c (a) A person is guilty of criminal sexual conduct in the second degree if the person engages in sexual contact with another person and if any of the following circumstances exists:
    That other person is under 13 years of age
    That other person is at least 13 but less than 16 years of age and any of the following:
    The actor is a member of the same household as the victim
    The actor is related by blood or affinity to the fourth degree to the victim
    The actor is in a position of authority over the victim and the actor used this authority to coerce the victim to submit
    Sexual contact occurs under circumstances involving the commission of any other felony
    The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists:
    The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless
    The actor uses force or coercion to accomplish the sexual contact. Force or coercion includes but is not limited to any of the circumstances listed in sections 520b(1)(f)(i) to (v)
    The actor is armed with a weapon, or any article used or fashioned in a manner to lead a person to reasonably believe it to be a weapon
    The actor causes personal injury to the victim and force or coercion is used to accomplish the sexual contact. Force or coercion includes but is not limited to any of the circumstances listed in section 520b(1)(f)(i) to (v)
    The actor causes personal injury to the victim and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless
    That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:
    The actor is related to the victim by blood or affinity to the fourth
    The actor is in a position of authority over the victim and used this authority to coerce the victim to submit

    (2) Criminal sexual conduct in the second degree is a felony punishable by imprisonment for not more than 15 years.



    Third Degree Criminal Sexual Conduct - Section 750.520d (a) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exists:
    That other person is at least 13 years of age and under 16 years of age
    Force or coercion is used to accomplish the sexual penetration. Force or coercion includes but is not limited to any of the circumstances listed in section 520b(1)(f)(i) to (v)
    The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless

    (2) Criminal sexual conduct in the third degree is a felony punishable b imprisonment for not more than 15 years.



    Fourth Degree Criminal Sexual Conduct - Section 750.520e (a) A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with another person and if any of the following circumstances, exist:
    That other person is at least 13 years of age and under 16 years of age, and the actor is 5 or more years older than that other person
    Force or coercion is used to accomplish the sexual contact. Force or coercion includes but is not limited to any of the following circumstances:
    When the actor overcomes the victim through the actual application of physical force or physical violence
    When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats
    When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, "to retaliate" includes threats of physical punishments, kidnappings or extortion
    When the actor engages in the medical treatment or examination of the victim in a manner or purposes which are medically recognized as unethical or unacceptable
    When the actor achieves the sexual contact through concealment or by the element of surprise
    The actor knows or has reason to know that the victim is, mentally incapable, mentally incapacitated, or physically helpless
    That other person is under the jurisdiction of the department of corrections, and the actor is an employee or a contractual employee of, or a volunteer with, the department of corrections who has knowledge that the other person is under the jurisdiction of the department of corrections
    That other person is a prisoner or probationer under the jurisdiction of a county for purposes of imprisonment or a work program or other probationary program and the actor is an employee or a contractual employee of or a volunteer with the county who knows that the other person is under the course jurisdiction
    The actor knows or has reason to know that the juvenile division of the probate court, the circuit court, or the recorders court of the city of Detroit has detained the victim in a facility while the victim is awaiting a trial or hearing or committed the victim to a facility as a result of the victim having been found responsible for committing an act that would be a crime if committed by an adult, and the actor is an employee or contractual employee of, or a volunteer with, the facility in which the victim is detained or to which the victim was committed

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: What Are the Rights of a Minor to Decide Who She Wants to Communicate with

    Way to sound condescending on a supposedly "helpful" site
    If you want your hand held and someone to coo at you that everything will be OK, pay an attorney. The answer, incidentally, will be the same as what Catherine gave you, but with a charming smile and a big price tag.

    It doesn't matter what YOU want. Until she reaches the age of 18, her parents are GOD. They can lock her in her room when she's not in school, put bars on her windows...and there's nothing for you to do about it. They get to make the rules, and that includes who their daughter may have contact with, and in what fashion. They don't owe you ANY attention or respect whatsoever. If they want to pretend you don't exist, tough. You'd do well to leave 'em be, lest you find yourself brought up on charges.

    My problem is that when I look at all of the other rules that are also in effect with that one, I've done nothing illegal.
    No, your problem is that you had sex with a child who was legally unable to consent, which is a third degree felony. The statute says "any of the following circumstances", not "all".

  5. #5

    Default Re: What Are the Rights of a Minor to Decide Who She Wants to Communicate with

    Ok - for clarification...let's try this again:

    750.520d Criminal sexual conduct in the third degree; felony.
    Sec. 520d.

    (1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exist:

    (a) That other person is at least 13 years of age and under 16 years of age.



    You can lead a horse to water....you can even beat it with a stick....but you cannot make it listen to that which it doesn't want to hear nor comprehend that which is in black and white. This statute is pretty straight forward, compared to other states which practically require a flow chart to figure them out. It doesn't need or allow for much in the way of interpretation. You don't need to get past the first sentence: She's 14. Sex with her is a felony. Done. (no Romeo & Juliet exception in Michigan)


    (Hearing often doesn't start until attention is garnered via the placement of handcuffs...THEN they'll be some listening, anthough the comprehension may still be absent. That's why the recommendation for a criminal defense attorney.)

    OP, if you'd like to prove to yourself that your actions thus far are within the law, go walk up to a local police officer and say "hey, I've been having sex with a 14 year old, will you go with me to her parent's house and tell them it's ok?".

    Get back to us and let us know how that goes, but before you puff up your chest with confidence and go to do ANYTHING other than staying away from this CHILD until she's an adult, keep in mind that:

    (2) Criminal sexual conduct in the third degree is a felony punishable by imprisonment for not more than 15 years.

    No one can stop you from potentially arguing your way into prison, if you're determined. Note that "true love" is NOT a legal defense to the criminal charge, even if your plans are to eventually marry her. The crime in question has already been committed, and the time during which the state can bring charges against you doesn't even START counting down until the minor reaches 18 - and, the STATE can bring the criminal charge, even if the victim or her parents don't want that to happen. ANYONE with knowledge of the crime can report it to authorities, and at that point, you're in a world of problems. So again, for the sake of your own FREEDOM, stay AWAY from this girl AND her family.

  6. #6
    Join Date
    Oct 2012
    Posts
    5

    Default Re: What Are the Rights of a Minor to Decide Who She Wants to Communicate with

    I was a minor myself when the acts were committed. I understand if that doesn't change anything, but could that have been overlooked? I wasn't an adult at the time.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: What Are the Rights of a Minor to Decide Who She Wants to Communicate with

    Quote Quoting IAM1994
    View Post
    Way to sound condescending on a supposedly "helpful" site. But I get the between 13 and 16 thing. My problem is that when I look at all of the other rules that are also in effect with that one, I've done nothing illegal. For example, I've done none of these things.
    did you drop out of school? are you a complete moron?



    Third Degree Criminal Sexual Conduct - Section 750.520d (a) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exists:


    That other person is at least 13 years of age and under 16 years of age


    Force or coercion is used to accomplish the sexual penetration. Force or coercion includes but is not limited to any of the circumstances listed in section 520b(1)(f)(i) to (v)
    The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless

    that is different than ALL or at least 2 of or anything else. It means if ANY of the situations describe took place, you have committed a felony

    the following was written before I saw you asking about you being a minor as well. As you can read, it doesn't make any difference.

    btw: my kids went to school with another kid that was charged for having sex with a 15 yo girl. He was only a month or two older at 16. Her parents got real pissed and called the cops.

    He has the great right to notify the police once every year where he lives since he is now on the sex offender registry.

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