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If a minor lies about their age, you could still face statutory rape charges. Under Michigan law, statutory rape is considered a strict liability crime, meaning that even an honest mistake regarding the victim’s age can lead to criminal charges. If the victim appears older, lied about their age online, or presented a fake ID, you may still be charged with sexual assault, statutory rape, or other sex crimes, all of which are felonies.
Unlike some states that allow a “mistake of age” defense, Michigan does not offer this option. In Michigan, claiming a mistake about someone’s age is not a valid defense. It doesn’t matter if the minor intentionally misled you; as the person of legal age, it is your responsibility to verify a person’s age before engaging in any sexual activity. Failing to do so can result in criminal charges.
In cases involving minors, demonstrating that you were genuinely mistaken about the victim’s age—because they lied or for other reasons—might influence the prosecutor’s decision. If you can prove this, they may choose not to pursue charges against you. If charges are filed, this evidence might lead to more favorable outcomes, such as avoiding jail time, not being required to register as a sex offender, or escaping a criminal record.
Defense
If you are facing charges where a minor lied about their age, seeking legal representation is crucial.
Our approach includes a comprehensive analysis of the facts, a deep understanding of relevant laws, and a strategic application of legal defenses. We also take into account the broader context, including any mitigating factors that could impact the outcome. Our primary goal is to protect your rights and ensure you receive a fair hearing.
Common Questions
Can I be charged with Criminal Sexual Conduct if my accuser had a fake ID, stating they were of legal age?
You can be charged with CSC in Michigan even if the person showed you a fake ID stating they were of legal age, or even if you met them at a club or online dating site that is for “18 and over” only.
Contact Kirsch Daskas Law Group
We can confidently defend your rights and help your situation Call our office to schedule a consultation with our legal team. You may also contact our firm online. We are available on 248-792-3060.