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.
The Michigan Court of Appeals affirmed the trial court's ruling.
On December 13, 2012, Juvenile Law Center filed an amicus curiae brief in the Michigan Supreme Court in support of Tiemann's petition for review. The brief argues that the initial adjudication of criminal sexual conduct and the consent hearing occurred in violation of the Michigan and United States Constitutions and thus require review by the Michigan Supreme Court.