Juvenile Law Center wrote an amicus brief in support of appellant Cullen TIemann, a minor who was charged with criminal sexual conduct in the third degree, a strict liability statutory offense in Michigan. Tiemann pled no-contest to the charge and the court accepted his plea without any findings or inquiry regarding criminal intent or consent. Tiemann was required to register as a sex offender under MCLA 28.723, the Michigan Sex Offenders Registration Act. Under this Act, minors may avoid the registration requirement if they can establish consent of the victim in a separate 'consent' hearing, but the defendant bears the burden of proving consent and must do so without the right to confront or cross-examine his accuser. There is no requirement that the victim testify; if he or she chooses to do so, the statement need not be sworn.
Juvenile Law Center argued that the initial prosecution of Tiemann for criminal sexual conduct, as well as the consent hearing itself, violated his rights to due process.
In an unpublished opinion, the Michigan Superior Court affirmed the trial court's ruling.
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