Consent Laws
Michigan

Consent is not specifically defined. The standard used in the sexual assault statutes is whether the accused used “force or coercion to accomplish the sexual [act].” Mich. Comp. Laws. Ann. § 750.520b – e.

Not specified.

16 years old, unless such person is employed at the victim’s school in which case the age of consent is 18 years old.

Mich. Comp. Laws. Ann. § 750.520b – e. (notably (d))

No, but it will impact the punishment for the actor.

Criminal sexual conduct in the fourth degree occurs if the actor engages in sexual contact with a person at least 13 but less than 16 and the actor is 5 or more years older. Mich. Comp. Laws. Ann. § 750.520e(1)(a).

No.

Yes.

A person is guilty of criminal sexual conduct if the person engages in sexual penetration or contact and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless. Mich. Comp. Laws. Ann. §§ 750.520b(1)(d)(i), 750.520c(1)(d)(i), 750.520d(1)(c), 750.520e(1)(c).

“Mentally incapable” means that a person suffers from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct. Mich. Comp. Laws. Ann. § 750.520a(j).

“Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or other substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent. Mich. Comp. Laws. Ann. § 750.520a(k).

Yes. A person is guilty of criminal sexual conduct if the person engages in sexual penetration or contact and the actor knows or has reason to know that the victim is physically helpless. Mich. Comp. Laws. Ann. §§ 750.520b(1)(d)(i), 750.520c(1)(d)(i), 750.520d(1)(c), 750.520e(1)(c).

Yes. A person is guilty of criminal sexual conduct if the person engages in sexual penetration or contact and the actor knows or has reason to know that the victim is physically helpless, which includes unconsciousness. Mich. Comp. Laws. Ann. §§ 750.520b(1)(d)(i), 750.520c(1)(d)(i), 750.520d(1)(c), 750.520e(1)(c).

“Physically helpless” means that a person is unconscious, asleep, or for any other reason is physically unable to communicate unwillingness to an act. Mich. Comp. Laws Ann. § 750.520a(m).

Yes, if the intoxication is as a result of a narcotic, anesthetic or other substance administered to that person without his or her consent. See definition of “Mentally incapacitated” Mich. Comp. Laws. Ann. § 750.520a(k).

Yes.

Criminal sexual conduct in the third or fourth degree occurs if (1) the victim is at least 16 but less than 18 years of age or (2) the victim is at least 16 but less than 26 and is receiving special education services, and, in each case, is a student at a school where the actor is employed or volunteers. Mich. Comp. Laws Ann. § 750.520d & e.  

Criminal sexual conduct in the first or second degree occurs if the victim is at least 13 but less than 16 years of age and any of the following:

• The actor is a member of the same household as the victim;
• The actor is related to the victim by blood or affinity to the fourth degree;
• The actor is in a position of authority over the victim and used this authority to coerce the victim to submit;
• The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled;
• The actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person; or
• The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home in which that other person is a resident, and the sexual penetration occurs during the period of that other person's residency.

Mich. Comp. Laws Ann. § 750.520b & c.

Yes. In the context of the criminal sexual conduct statutes, consent can be utilized as a defense to negate the elements of force or coercion. People v. Waltonen, 728 N.W.2d 881, 272 Mich.App. 678 (2006).

Sexual penetration with a person under 13 years of age constitutes first-degree criminal sexual conduct irrespective of the victim's consent or experience. People v. Benton, 817 N.W.2d 599, 294 Mich.App. 191 (2011), appeal denied 813 N.W.2d 286, 491 Mich. 917.

No. Voluntary intoxication is not a defense to crimes of criminal sexual conduct in first and second degrees since such conduct does not require a specific intent. People v. Bell, 300 N.W.2d 691, 101 Mich.App. 779 (1980).