Could Sex With Your Spouse be a Crime in Michigan?

Just because a couple is married, doesn’t mean every sexual encounter they have is legal.

The very idea seems preposterous to some people. That you could be married to someone and yet still get into trouble with the law for having a sexual relationship with them. But believe it or not, there actually are certain situations where having sex with your spouse could be illegal. Think we’re kidding? Or maybe flat out crazy? Hang in there, we’ll explain it all in a minute.

Rape is rape, regardless of who the victim is.

Whether the victim is a drunk girl at a party you’ve never met before, someone you’ve been secretly attracted to for years, or your very own spouse, rape is rape. Which means that if you force your spouse to have any kind of sexual intercourse with you, you could be charged with a sex crime.

Under Michigan law, forcing your spouse to have sex with you when they have clearly shown that they aren’t interested, could result in criminal charges. Specifically, First or Third Degree Criminal Sexual Conduct charges, depending on the situation. And here in Michigan that sometimes means decades in prison and the rest of your life on the sex offender registry! Like we said – no joke! Michigan prosecutors take rape cases very seriously even when the victim is your spouse.

You’re spouse’s age could play a role in your situation as well.

Many people don’t know this, but Michigan’s marriage age is unbelievably 14! Yes, that’s right, although you would need parental consent, a person can be as young as 14-years-old when they walk down the aisle in the Great Lakes state. However, the legal age for sexual consent is 16, which changes things for certain newlyweds.

If a parent gives their permission for their 14-year-old child to marry, that minor may be someone’s spouse, but they are not legally allowed to have sex for at least another two years. And we say “at least” because 16 may be the age of consent in Michigan, There are certain circumstances where the age of consent rises to 18.

However this may change in the not-too-distant future

The fact that Michigan has such a young marriage age, despite the fact that it requires parental consent, has recently come under fire. According to State Representative Sarah E. Anthony, who along with Reps. Graham Filler and Kara Hope, they’ve introduced a bill to change the marriage age to 18. Why? Because, as Anthony says, it’s about protecting the kids. Among other things, think about trafficking minors for sexual purposes.

We see that many of these instances are connected to sexual abuse, sometimes physical abuse. Many young women are pregnant so it really impacts their development in many ways we do not know,” Anthony explained. “That doesn’t seem right for a young person who can’t enter into many legal contracts until they’re 18. But they’re still entering into something that we presume would be a lifetime contract like marriage.”

Being charged with any type of sex crime is a big deal in Michigan!

At The Kronzek Firm, we focus on defending our clients against all types of sex crimes, such as child molestation, rape, and all four degrees of CSC. Our skilled and experienced sex crime defense attorneys have earned a reputation throughout the state of Michigan for our successful case results, which include many acquittals and dismissals. We are available to help you 24 hours a day, 7 days a week at 866 766 5245 (866 7No Jail). So call us right now and get the help you need, when you need it.

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