The topic of sex crimes is front and center in the Ann Arbor media - and for good reason. After receiving multiple reports of a man committing indecent exposure in the area - the Ann Arbor Police are on the lookout for a serial "flasher".
On Monday, February 8, 2010, two men were charged - in an apparently unrelated matter - with criminal sexual conduct for having sex with 2 teenage girls, under the age of 16. What is unusual about the criminal complaint is that it charges the men with Criminal Sexual Conduct, First Degree - the most serious charge possible under the Michigan criminal sexual conduct statutes. Potential penalties include incarceration - for up to life in prison.
Absent any additional aggravating circumstances, sex with a minor between the ages of 13 and 16 can bring a charge of Criminal Sexual Conduct, Third Degree. The possible penalties under that statute include prison for up to 15 years. Moreover, the statute is unusual in that probation is not an option.
A component of Michigan Criminal Justice is the ProsecutorÂ’'s right to decide which charge is appropriate under the circumstances. Bowing to public hysteria, however, is nothing more than an abdication of Prosecutorial discretion.
Two Ypsilanti men charged in rape of two underage girls, A2 Ann Arbor Journal, February 8, 2010
