Domestic Assault

The only way to know the answer to this question would be to actually try the case in front of a Michigan Jury. One thing for certain however is that Kyle Rittenhouse would have been allowed to raise a claim of self defense had the case happened here in Michigan. Presumably, if it was the exact same testimony and evidence, same jurors, judge and prosecutor, then yes, Kyle Rittenhouse would have been acquitted here in Michigan too.

This is all speculation, but a brand-new case in Michigan may shed light on the question. The name of the case is People of the State of Michigan v Leandrew Martin. The case arose out of the Jackson County Circuit Court, and was decided on November 18, 2021. In this case, the Michigan Court of Appeals set aside multiple felony convictions because the defendant’s lawyer had failed to request a jury instruction for self-defense despite the fact that a claim of self-defense had been established at trial. The court held that this mistake was so bad that the verdict had to be set aside finding that the defendant’s attorney was “ineffective.”

The case arose out a bar fight and during the fight the defendant shot ten times into a crowd, leaving one person with a serious injury caused by ricocheted bullet that struck the foot. The defendant was a felon and was not in lawful possession of the pistol. Because of this the defendant’s lawyer thought he was not entitled to raise self-defense. It’s not clear why the defendant’s lawyer believed this to be true because Michigan’s laws of self-defense do not require that a defendant be in lawful possession of the weapon in order to raise a claim of self defense.

A former NFL linebacker, Telvin Smith, was recently arrested under suspicion of sexual assault of a minor. Mr. Smith is being prosecuted in Florida where the sex crime is alleged to have occurred. The charge is considered a felony of the second degree, which is punishable by up to 15-years in prison and a $10,000 fine. Under Florida law, this charge means that a person over the age of 24 has engaged in sexual activity with a person who is either 16 or 17 years of age. Further, ‘sexual activity’ is defined to include oral, anal, or vaginal penetration by the sexual organ or by any other object. Smith was arrested, processed, and released after posting a $50,000 bond.

If Mr. Smith had been charged in Michigan, he’d be charged under a law that refers to sexual assault crimes more broadly as Criminal Sexual Conduct (CSC). In Michigan, CSC 1^st and 3^rd degree are the two statutes that involve or require penetration as an element of the offense. A CSC 1^st is the most serious. Every crime is made up of elements, and in a Michigan sex assault crime, the age of the victim is an element of the crime. Pursuant to Michigan law it is illegal to engage in sexual penetration with another person who is at least 13 but less than 16. The age 16 is significant because it is the Michigan age of consent.

In Michigan, a minor may not legally consent to sexual intercourse, penetration, or contact until the age of 16. Even if considered consensual between the two people it is not legal consent and therefore subject criminal charges that could or would most likely include CSC 3^rd. That decision could cause severe short term and long term consequences that include up to 15 years in prison, and 25 years of registering on the Sexual Offenders Registry.

Articles Posted in Domestic Assault

Would Kyle Rittenhouse Have Been Acquitted in Michigan?

NFL Linebacker Charged with Sexual Assault Involving a Minor