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If the accuser engaged in sexual penetration with the accuser and the accuser is between the ages of 13 and 16, the accused may be charged with First Degree Criminal Sexual Conduct, as opposed to Third Degree Criminal Sexual Conduct if any of the following apply:
“MEMBER OF THE SAME HOUSEHOLD”
The term ghouseholdh encompasses a family unit residing under one roof for any time other than a brief or chance visit and assumes a close and ongoing subordinating relationship that a child experiences with a member of his or her family or with a coercive authority figure.
The purpose of the criminal sexual conduct statute specifically including the element of a member of the same household is to increase the penalty where the sexual penetration occurred in situations within a household. The increased penalty imposed by the legislation is a reflection of the fact that people in the same household, those living together, bear a special relationship to one another. That relationship is specifically protected by the increased penalty, which is the possibility of life imprisonment.
BLANK LAW, PC EXAMPLE – MEMBER OF THE SAME HOUSEHOLD
A child living in a home with her mother and stepfather for the summer months pursuant to court-ordered visitation is a member of gthe same householdh as the stepfather for purposes of the criminal sexual conduct statute.
“RELATED BY BLOOD OR AFFINITY”
BLANK LAW, PC EXAMPLE – RELATED BY BLOOD OR AFFINITY
In Michigan, if you are stepbrother or stepsister, you are considered related by ”affinity”.
”POSITION OF AUTHORITY”
The accused cannot use his/her position of authority to compel vulnerable youth to engage in sexual penetration/contact. Someone who is in a position of authority can range from a school teacher, child care provider, volunteer, etc. If that person who is in a position of authority, used that position of authority to coerce the accuser to participate in a sexual act, the person in a position of authority can and will be charged with varying degrees of Criminal Sexual Conduct.
(See below for additional information regarding ”position of authority”)
BLANK LAW, PC EXAMPLE – POSITION OF AUTHORITY
A sixth grade middle school substitute teacher is in a gposition of authorityh over his/her students.
A counselor, a family therapist, the adult in charge of the sleepover, are all considered under the law to be in a “position of authority” over the child/children.
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