Stories about teachers having sex with students are plentiful in the news. In many states, most instances of sex between a teacher or administrator and a student are illegal. In Michigan, teachers accused of having sexual relationships with students are often charged under Michigan’s criminal sexual conduct (CSC) laws. The consent of the student is not a defense to this criminal charge. This is often referred to as “statutory rape.”
If the student is between the age of 13 and 16 at the time of the sexual encounter(s), the teacher could be charged with first degree CSC if there is an allegation that consensual sexual penetration occurred or with second degree CSC criminal sexual conduct if there is an allegation of consensual sexual contact that did not amount to penetration. If the student is between the age of 16 and 18 at the time of the sexual encounter(s), the teacher could be charged with third degree CSC if there is an allegation that consensual sexual penetration occurred or with fourth degree CSC if there is an allegation of consensual sexual contact that did not amount to penetration.
Today, there are a number of students in Michigan who have already reached their 18th birthdays, but are still high school juniors or seniors. This has led to some interesting cases where teachers in Michigan wait until a student turns 18 before engaging in consensual sexual behavior with them, because the teacher knows that Michigan law does not criminalize consensual teacher/student sex once the student has his or her 18th birthday.
Michigan lawmakers noticed this loophole in the Michigan sex crime laws and so the Michigan Senate recently passed Senate Bill 596, which has now been submitted to the Michigan House for review. This bill would make it illegal for school employees to engage in consensual sexual penetration or sexual contact with students, regardless of the age of the student. Essentially, under this bill, if a student is over 16 years old and still in school, a school employee can be charged with criminal sexual conduct in the third or fourth degree (if the student is under the age of 16, the school employee would still likely be charged with CSC in the first or second degree) for having consensual sexual encounters with the student.
Proponents of this bill argue that teachers should not be engaging in sexual relationships, even if the student has already turned 18 years old. They say there is a high probability of the student feeling coerced into engaging in sexual behavior simply because the teacher is in a position of authority over a student. Students may not be able to feel like they can say no to the person who controls their grade.
So, Where Do We Stand On This Issue Of Consent?
You can fit me, and probably most sex crime defense attorneys, into the category of people who oppose Senate Bill 596. As a society, we have determined that 18 year-olds are old enough to join the military, carry a gun, vote, and sign legal documentation as an adult. Yet this bill suggests that these same adults, though they are still in school, are not mature enough to consent to sex. It is true that it is probably not the best idea for teachers and 18 year-old or 19 year-old students to be having consensual sex. But something that is a bad idea is not the same as something that should be criminalized.
If this bill passes, I can foresee a slippery slope towards more over-legislation. Michigan lawmakers may decide consensual sex between other groups of adults is a bad idea and outlaw that. For example, employees probably should not have sex with their bosses. But, that does not mean the legislature should get involved and outlaw consensual sex between these parties. Michigan senators and representatives should stick to making laws that help the state of Michigan and its residents, and not regulate the sex life of consenting adults.
Stephanie M. Service is a criminal defense attorney at The Kronzek Firm PLC. She represents clients in all criminal matters, including allegations of criminal sexual conduct.