Sexual Consent - What are our legal rights? (Michigan)

[54321]

In Michigan, if I am 17 (female) and consenting to sex with someone 27 (male), and he is a substitute teacher (but not in or near my school district) are we legal?

[AFFA]

I wish to inform you that the age of consent in Michigan is 16 years. For a person to consent to sexual activity that person must be 16 years of age or older. Further, it is illegal for a teacher to engage in a sexual relationship with a student who attends the school district in which they teach although the student is 16 years of age. In your case, at 17 you are over the legal age of consent and the substitute teacher is not from your school district.

AFF

[sandyclaus]

Originally Posted by 54321 In Michigan, if I am 17 (female) and consenting to sex with someone 27 (male), and he is a substitute teacher (but not in or near my school district) are we legal?

According to Michigan Penal Code 750.520d (1)(e)(i), it is considered criminal sexual conduct in the third degree, and a felony for a teacher, substitute teacher, or administrator of that public school, nonpublic school, school district, or intermediate school district to engage in sexual contact with a person who s at least 16 years of age but less than 18 years of age and a student at a public school or nonpublic school. Or if the actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person. In this 2nd instance, It doesn't specify that the teacher must be THEIR teacher or even if they teach at THEIR school.

What are you doing, having sex with a teacher? More importantly, what is this almost 30-year-old doing engaging in sexual activity with a student?

You bet it's illegal. If your parents find out (and I sincerely hope that they DO), this guy is looking at some serious charges and jail time. Criminal sexual contact is punishable by imprisonment for not more than 15 years.

[sandyclaus]

Originally Posted by AFFA I wish to inform you that the age of consent in Michigan is 16 years. For a person to consent to sexual activity that person must be 16 years of age or older. Further, it is illegal for a teacher to engage in a sexual relationship with a student who attends the school district in which they teach although the student is 16 years of age. In your case, at 17 you are over the legal age of consent and the substitute teacher is not from your school district. AFF

And Aff's inaccurate advice strikes AGAIN. DO NOT listen to this, it is absolutely NOT correct (even though you may want to believe that it is).

Aff is known around these parts for his highly inaccurate responses about 95% of the time.

Originally Posted by sandyclaus of that public school, nonpublic school, school district, or intermediate school district to engage in sexual contact with a person who s at least 16 years of age but less than 18 years of age and a student to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.

Access was not gained through school. We were employed in a cast together as equals. "If that school district" implies he has to work, well, in my school district, which he does not. On top of that, all actual sexual activity took place *before* he was employed by a school at all and the job was taken out of desperation, and he is quitting. Regardless, we *will* be legal. But, and I've tried to keep it objective, the literal wording of the law indicates that if the older actor is not in any way associated with my school, and does not under any circumstance become associated with my school, nor did he use the job while "seducing" me, than it was legal.
PS the quotation you have used is a bit out of date as Michigan law sex laws were updated this year. As well as other laws like fireworks, but that is completely beside the point.
According to the law it seems legal. I apologize if something happened to you in the past that made you lash out, I am looking for legal interpretations not emotional ones.
On top of all of that, my parents did in fact find out and were not able to press charges at the time, because of legal loopholes such as this. I just always do my research and I do not want to be legally unequiped.

Originally Posted by AFFA I wish to inform you that the age of consent in Michigan is 16 years. For a person to consent to sexual activity that person must be 16 years of age or older. Further, it is illegal for a teacher to engage in a sexual relationship with a student who attends the school district in which they teach although the student is 16 years of age. In your case, at 17 you are over the legal age of consent and the substitute teacher is not from your school district. AFF

Thank you. That is what I had initially though. I just want to see other interpretations. But seeming as he was involved with me *before* he took the job, and he is not in my school district, I don't think he can be charged. I've done a lot of research and this is what everything indicates.

Originally Posted by sandyclaus According to Michigan Penal Code 750.520d (1)(e)(i), it is considered criminal sexual conduct in the third degree, and a felony for a teacher, substitute teacher, or administrator of that public school, nonpublic school, school district, or intermediate school district to engage in sexual contact with a person who s at least 16 years of age but less than 18 years of age and a student at a public school or nonpublic school. Or if the actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person. In this 2nd instance, It doesn't specify that the teacher must be THEIR teacher or even if they teach at THEIR school. What are you doing, having sex with a teacher? More importantly, what is this almost 30-year-old doing engaging in sexual activity with a student? You bet it's illegal. If your parents find out (and I sincerely hope that they DO), this guy is looking at some serious charges and jail time. Criminal sexual contact is punishable by imprisonment for not more than 15 years.

I TOTALLY AGREE!!! WTF DOES A 27YR OLD WANT W A 17YR OLD!? EXCEPT SOME YOUNG & HOPEFULLY NOT SO USED VAG!

[Lexus]

The age of consent is 16. In order to consent to sexual activity a person must be 16. There are other circumstances that can make sexual activity between certain individuals illegal. It is illegal for a teacher to engage in a sexual relationship with a student who attends the school district in which they teach, even if the student is 16.

[BOR]

Originally Posted by Unregistered Thank you. That is what I had initially though. I just want to see other interpretations. But seeming as he was involved with me *before* he took the job, and he is not in my school district, I don't think he can be charged. I've done a lot of research and this is what everything indicates.

A 17 year old, unless gifted in law from being self taught, and I do not mean in one case, as yours, is far from an authority on legal research, period.

The Teacher is risking his certificate to teach. Until either of you get a legal opinion from a MI attorney, you both are into something not good.

CASE LAW supplements facial/textual law, I guarantee you did not research the case law.