Criminal Law- Sex Offender Fact Pattern
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OnlineSexualAssaultFactPattern.docx
Sexual Assault Materials
Tommy is a 17-year-old male. He is a junior at the area high school. He has a special friend, Ellie, who is a freshman at the same school, but she is 16 years old. The two of them have been friends since grade school. They do everything together; their families also do a lot together because of their strong friendship. The kids have always been chaperoned while they were under the age of 16, but now that Ellie is celebrating her 16th birthday, the families decided to let them go out for dinner with Tommy to a nearby restaurant that was in walking distance to their homes.
After the couple went to dinner, they walked to the park. While at the park, the young couple began to fondle one another and one thing led to another. Ultimately, the couple engaged in sex in the park, and the police came upon them in the park while they were still in the act. The police, knowing the young couple, had them put their clothes back on and returned each of them to their respective homes. The police advised the respective parents of what had happened. Ellie’s parents are furious and want Tommy prosecuted. Since he is 17, he would be charged as an adult. Ellie is upset because she doesn’t understand what they did wrong.
To complicate the matter, both children are treated by the same psychiatrist. They both are diagnosed with Downs Syndrome; as a result, they have limited mental capacities. They both have had significant special educational needs throughout their schooling and are both about a grade behind their chronological age. Both children will complete high school with a certificate rather than a high school diploma. The police spoke with the psychiatrist who indicated that neither child has discussed any sexual thoughts or feelings during sessions about the other; however, Tommy has demonstrated more knowledge about sex including that he has looked at girly magazines. During a session with Ellie, the psychiatrist asked Ellie if she knew what sex was and her simple response was playing house with a boy. Tommy’s parents advise the police that neither child has had any sex education at school or otherwise, and they are really surprised that either child is capable of understanding what occurred.
Back at the office, the police learn that Tommy was involved with a similar situation just before Tommy turned 16, with a 20-year-old woman who was taking advantage of him. The 20-year-old was charged with accosting a minor because no sex act had occurred. At that time, the prosecutor spoke with Tommy’s parents about getting him into some sort of sex education program and to ensure his therapist was addressing sexual behavior because Tommy admitted to looking at his father’s girly magazines at that time.
Research and find Michigan Criminal Jury Instructions and Criminal Sexual Conduct statutes to discuss the stance you should take on the two legal issues presented by this fact pattern. You may refer to the internet for reference on medical conditions like Downs Syndrome. How might your decision change if you are law enforcement or the prosecution as opposed to being the defense attorney? Might your decision be different if Ellie is 15 years old? Explain why.
