In Michigan, the age of consent is 16. In some of these situations, statutory rape is called a Romeo and Juliet crime. If the parents of a young girl find out that their daughter is having sex, no matter how consensual it is and no matter whether the boy is close in age or not, he can be charged with promiscuity, which is very serious. That particular type of situation is usually looked at a little bit differently by the judge or the prosecutor, but it is still a very serious crime. It is sexual assault, and it has to be handled very carefully. This is a very dangerous thing, and everyone needs to explain to their kids how risky this can be.
What Happens If An Alleged Victim Recants Allegations Of Sexual Assault?
If the allegations are recanted by the victim, it becomes very difficult at that point for the state to proceed. It then depends upon the evidence and whether the defendant or the accused made any statements incriminating themselves. In other words, does the state need the victim’s statement in order to proceed because sometimes what happens is that the prosecutor feels like the victim is lying when they come forth and they are recanting.
The state doesn’t always believe that person. They feel the alleged victim can be threatened or coerced, so there are a lot of ways to proceed without the victim’s cooperation, but generally speaking, this turn of events is very damaging, if not fatal, to the prosecutor. If the accused recants their story and says it wasn’t true, this is very damaging because that is evidence too. It becomes evidence that the prosecutor is supposed to tender to the defense and can be used in the trial.
What Are The Steps That Happen After Someone Is Arrested On Sex Crime Charges?
Ideally, the attorney would want the client to contact them the second he realizes that he may be a suspect in this kind of situation because the attorney would want to be involved in any contact with the police. The client’s counsel would want to be involved in trying to influence the police to include evidence or testimony that creates doubt or a chance of acquittal in the police report that is submitted to the prosecutor’s office. Basically, how a case starts is somebody walks into the police department, and they make a complaint to the police. They say this happened to me: I was raped, or I was drugged, or I was assaulted in some way. Then the police begin their investigation.
Usually at that point the police want to try and talk to the potential defendant and hear their side of the story. Ideally, counsel for the accused would like to be involved before that to decide whether or not they should even consider talking to the police or, if they do, that they can be present to make sure their client is not taken advantage of in the interview and words are not put in their mouths or twisted. Then the attorney would want the ability to provide supplemental information to the police to be included in their report.
This supplemental information can also include an alibi, witnesses or just statements that create a defensive situation. After all evidence is gathered, the police officer submits his report to the prosecutor’s office, and the prosecutor decides whether or not to issue charges and, if issued, what they are. It’s a very important step to try and make sure that the police report is managed in the best way possible or that the defense counsel at least had some input into what’s going into that report. The sooner, the better when it comes to counsel’s involvement.
From there, once charges are filed, it is very important that the accused has competent representation at the first hearing, which is called the arraignment, because that is where the court will set a bond. The bond is what determines whether the accused sits in jail or is free and out while charges are pending. One of the factors that the court looks at in setting the bond is whether or not the accused is considered a threat to the public. If the charge is some type of serious sex crime, it is considered a threat to the public.
This is a factor that can result in a very high bond, which may mean a very extended time in jail. This could jeopardize one’s job and makes it difficult when it comes to working on the case with counsel. All sorts of problems occur, so it’s really important to be properly prepared for the arraignment and to have legal help with you at that time.
For more information on Consensual Sex In Minors, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 451-2200 today.