Originally Posted by fletch999
Right. Cox pushed for this guy to get prosecuted for the adultery part. He should be bringing charges against himself now.
No, you are missing the point.
There was no adultery committed in this case - only a drug deal for sex.
The drug deal is a
felony, and to add insult to injury, the original prosecutor charged the guy with the CSC 1 felony (criminal sexual conduct 1st degree) because of the obscure provision that you can tie a CSC 1 felony to ANY OTHER FELONY
if sexual penetration occured.
When it was thrown out, our Attorney General, yes ... Mike Cox, appealed to the higher court.
The court ruled with Cox, and in handing down there decision to re-instate the CSC 1 charge, they noted that this obscure provision (the current maximum sentence for CSC 1 being LIFE IN PRISON!) would allow ANY
event that is tied to another felony could be charged as a CSC 1 - including the now unused adultery felony. The judges concluded that this probably was unintended, but was clearly supported by the statutes.
Since Mike Cox is an admitted adulterer (a felony), and implicitly a ...ahem, sexual penetration occurred, he could be charged with CSC 1 and sentenced to life in prison, as every other adulterer could in Michigan.