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      Get Smart on the Web   09/16/2016

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Guest MI-Advocate

Going to Jail?

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Guest MI-Advocate

Interesting case to watch in Michigan.  A guy is being charged criminally for consensual adult sex with a female relative. Although the report doesn't specify their relation,  Michigan law defines criminal incest as up to and including first cousin.  Also interesting: he is the only one of the two being charged.  This guy is no saint. He's got a rap sheet long as my arm.  But this charge seems pretty BS for adult consensual sex, especially if they are just cousins, as some commentors are suggesting. 

http://www.mlive.com/news/muskegon/index.ssf/2017/07/alleged_incest_nets_36-year-ol.html

https://m.facebook.com/story.php?story_fbid=10155562332613896&id=11897558895

The prosecutor bringing the charges. http://www.co.muskegon.mi.us/prosecutor/biography.htm

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There is a lot that could be going on here. If the encounter was forced or coerced it would now be impossible to prove so a prosecutor may try for the lower hanging fruit - very easy to prove they are cousins and if she had his child, circumstantial evidence for the encounter is very strong. With that said, Inabsolutely think the charge should be dropped and vigorously fought until it is. I get that he has a long rap sheet, that there *may* have been coercion, and that he has already been convicted of a sex offense in the past (and failed to properly register). However, using something that shouldn't be a crime in the first place to snag him is an affront to liberty for law-abiding citizens.

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This sounds remarkably familiar, other than it was WI instead of MI........

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