Child molestation in Michigan is a crime involving a range of indecent or sexual activities between an adult and a child, usually under the age of 14. In psychiatric terms, these acts are sometimes known as pedophilia. It is important, however, to keep in mind that child molestation and child Sexual Abuse refer to specific, legally defined actions. They do not necessarily imply that the perpetrator bears a particular psychological makeup or motive. For example, not all incidents of child molestation are perpetrated by pedophiles; sometimes the perpetrator has other motives for his or her actions and does not manifest an ongoing pattern of sexual attraction to children. Thus, not all child molestation is perpetrated by pedophiles, and not all pedophiles actually commit child molestation.
Child sexual abuse can occur in a variety of settings, including home, school, or work. Child marriage is one of the main forms of child sexual abuse, UNICEF has stated that child marriage represents perhaps the most prevalent form of sexual abuse and exploitation of girls. The effects of child sexual abuse can include depression, post-traumatic stress disorder, anxiety, complex post-traumatic stress disorder, propensity to further victimization in adulthood, and physical injury to the child, among other problems. Sexual abuse by a family member is a form of incest and can result in more serious and long-term psychological trauma, especially in the case of parental incest.
The global prevalence of child sexual abuse has been estimated at 20% for females and 10% for males. Most sexual abuse offenders are acquainted with their victims; approximately 40% are relatives of the child, most often brothers, fathers, uncles, or cousins, around 60% are other acquaintances, such as friends of the family, babysitters, or neighbors; strangers are the offenders in approximately 10% of child sexual abuse cases. Most child sexual abuse is committed by men; studies on female child molesters show that women commit 14% to 40% of offenses reported against boys and 6% of offenses reported against girls.
It is illegal for an adult to touch any portion of a child's body with a lewd and lascivious intent. Usually, consent is not a matter of consideration, and is not available as a defense to a charge of child molestation. Even in cases where it can be proven that the minor victim was a willing participant, a sex act or improper touching is still a crime because children cannot legally consent to anything. Criminal penalties are severe for those convicted of child molestation.
Under state laws, sexual offenders will face varying degrees of criminal punishment based on the type and degree of sexual abuse, as well as the criminal history of the alleged perpetrator in Michigan. For example, some felony sexual crimes can result in a life sentence in state prison, while others carry no more than two years in prison and a fine.
First degree child abuse is a felony punishable by a prison term up to and including life. Second degree child abuse is a felony punishable by not more than 10 years in prison for the first offense, and not more than 20 years in prison for subsequent offenses. Third degree child abuse is felony punishable by not more than 2 years in prison. Fourth degree child abuse is a misdemeanor punishable by not more than 1 year in prison.
