MASH — Michigan Association for Sexual Health

In medicine, prevention of disease and ultimately death is the highest goal. The goal of M.A.S.H. and those organizations who have joined this association, believe that preventing consequences and disease is in the best interest for the health and well-being of our children and their families.

2. Is MASH a faith based organization?

Members of MASH are people from Michigan communities who are interested in youth and in promoting healthy lifestyles. Many of the members are personally invested in programs that promote health and well being. While some of the members of MASH have spiritual beliefs, this is not a requirement for membership.

3. Is abstinence until marriage attainable?

Abstinence may not be popular in our culture, but it certainly is attainable. Encouraging teens to wait until marriage to have sex is the healthiest choice for teens whose relationships are often short term and unstable. Abstinence is a pathway to creating long lasting intimacy, love and success in marriage.

Sexual activity for a teenager has multiple harmful consequences. Most sexually active teens say they wish they had waited to have sex. Sexually active teens are more likely to be depressed and to attempt suicide. Programs that strongly promote abstinence are effective in reducing teen sexual activity and reducing out of wedlock childbearing.

4. Does MASH promote contraceptive use to protect our teens?

Sex is more than just a physical act. Sex creates long-term emotional bonding between two individuals that contraceptive use cannot guard against. Recent research is now indicating that even with consistent condom use (100%) during vaginal sex there is still a chance of getting sexually transmitted infections such as Gonorrhea, Chlamydia, Herpes, Syphilis and Human Papilloma virus by as much as 50%. Some contraceptive methods may indeed reduce the risk of an unplanned pregnancy, though no contraceptive method is 100% effective. Contraceptive methods cannot protect from STIs that are transmitted through skin to skin contact. In fact, hormonal contraceptive such as the pill, depo shot, etc. can increase the chance of getting one because of the changes in cervical mucous in females. Therefore, MASH does not promote contraceptive use as a means of protection for our teens.

B. Age of Sexual Consent

1. What is the age of consent in Michigan?

In Michigan the age of consent is 16. Anyone under the age of 16 is not legally able to consent. Even if a person under the age of 16 agrees to participate, it is not recognized as legal consent.

2. What if both parties are under the age of consent?

Theoretically, both are considered victims and defendants. However, certain factors can influence whether to charge a person under the age of 16.

3. What factors are considered when a teen is charged?

Factors considered are: Ages of the victim and the defendant; Age differences between the victim and the defendant; Dating relationships, if any; Force/coercion/exploitation; Use of alcohol or other drugs; Developmental or learning disabilities of the victim; and Prior criminal record of defendant.

4. What are the legal definitions of sexual contact and sexual penetration?

“Sexual contact” includes the intentional touching of the victim’s or perpetrator’s intimate parts or the intentional touching of the clothing covering the immediate area of the victim’s or perpetrator’s intimate parts, if that intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification. §750.520a

“Sexual penetration” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital anal opening of another person’s body, but emission of semen is not required. §750.520a

5. What constitutes statutory rape?

Vaginal, oral, or anal penetration of a victim between the ages of 13 and 15 years of age is statutory rape. It is defined in the Michigan Penal Code §750.520das:

A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exist: The other person is at least 13 years of age and under the age of 16 years of age; Force or coercion is used to accomplish the sexual penetration; The perpetrator knows or has reason to know, that the victim is mentally incapable, mentally incapacitated, or physically helpless.

Criminal sexual conduct in the third degree is a felony punishable by imprisonment for not more than 15 years.

i. What are the legal consequences of this act?

When the statutory rape law is violated, the offender is charged with a felony, Third Degree Criminal Sexual Conduct. The penalties for breaking the law are: Maximum incarceration for 15 years, mandatory incarceration for 3 years; HIV/AIDS testing; STD testing; Sex Offender Registration for 25 years.

C. Sexual Education

1. Is teaching sex education in the classroom mandated in Michigan schools?

Michigan Public Schools are not required to teach sex education. School districts that choose to teach sex education classes are required to comply with the Michigan Compiled laws related to sex education and reproductive health §380.1506 and §380.1507 of the Michigan School Code and §388.1766 of the Michigan School Aide Act.

2. What about HIV/AIDS and other dangerous communicable disease instruction?

School districts are required to teach about dangerous communicable diseases, including but not limited to, HIV/AIDS. Instruction regarding dangerous communicable diseases, including but not limited to HIV/AIDS, must be offered at least once a year at every building level (elementary, middle/junior, senior high). §380.1169

3. What is the required content of sex education programs?

Instruction in HIV/AIDS and sex education must stress that abstinence from sex is a responsible and effective method of preventing unplanned out-of wedlock pregnancy, and that it is the only protection that is 100% effective against unplanned pregnancy, sexually transmitted disease, and sexually transmitted HIV infection and AIDS. §380.1169, §380.1507, §380.1507a

Sex education materials must be age appropriate, must not be medically inaccurate, and must do all of the following:

Discuss the benefits of abstinence from sex until marriage and the benefits of ceasing sex if a pupil is sexually active.

Include discussion of possible emotional, economic, and legal consequences of sex.

Stress that unplanned pregnancy and sexually transmitted infections are serious possibilities of sexual intercourse that are not fully preventable except by abstinence.

Advise pupils of the law pertaining to their responsibility as parents to children born in and out of wedlock.

Teach pupils to say no to sexual advances and that it is wrong to take advantage of, harass, or exploit another person sexually.

Teach refusal skills and encourage pupils to resist pressure to engage in risky behavior.

Teach that the pupil has the power to control personal behavior, and base their actions on reasoning, self-discipline, a sense of responsibility, self control, and ethical considerations, such as respect for self and others.

Provide instruction on healthy dating relationship and on how to set limits and recognize a dangerous environment.

Provide information for pupils about how young parents can learn more about adoption services and about provisions for a Safe Delivery of Newborns Law.

Clearly inform pupils that having sex or sexual contact with an individual under the age of 16 is a crime punishment by imprisonment and that one of the other results of being convicted is to be listed on the sex offender registry on the internet for up to 25 years. §380.1507b

Schools must teach the best methods for the restriction and prevention of dangerous communicable diseases, including, but not limited to HIV/AIDS. §380.1169 Districts are not prohibited from teaching behavioral risk reduction strategies including the use of condoms, within their sex education program. §380.1507

4. How can parents help develop a school districts sex education program?

Every school district that chooses to implement sex education must have a sex education advisory board. At least half the members of the advisory board must include parents of children attending the district’s schools. The law also requires that two co—chairs must be appointed by the school board to choir the sex education advisory board, at least one of whom is a parent of a child attending a school operated by the advisory board. §380.1507

The advisory board is responsible for establishing program goals and objectives, reviewing and recommending materials and methods, and evaluating measuring and reporting the attainment of program goals and objectives. §380.1507

5. What are my rights as a parent? How can I know what my child is being taught?

Parents must be given advance notification of their child’s participation in a sex education program. (§380.1507 Michigan School Code and §388.1766 Michigan School Aide Act) Parents and/or legal guardians must be notified in advance of:

- The content of instruction

- Their right to review materials in advance

- Their right to observe instructions.

- Their right to excuse their child without penalty.

The definition of sex education set forth by the district determines which content and materials are considered “sex education” and needs to go through the approval and parental notification process.

6. When can a child be opted out of sex education?

If a parent or legal guardian files a continuing written notice to request to have their child permanently excluded from sex education classes, the students shall not be enrolled in the class(es) unless the parent or legal guardian submits a written authorization for that enrollment. §380.1507a

7. Can my child be excused from HIV/AIDS education programs?

Parents can excuse their children from instruction that is limited to communicable diseases and does not include sex education material for religious reasons.

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