Criminal Sexual Conduct charges have been filed against two 17 year old students from the Ewen-Trout Creek Schools.
According to officers from the Wakefield Post of the Michigan State Police, Travis Bonin and Cole Wascher are free on bond, after being charged with 4th degree CSC.
School personnel contacted police March 15, asking for an investigation of a reported criminal sexual conduct that occurred on school grounds. Police say there were two separate incidents of criminal sexual conduct, involving the two 17 year old suspects and one younger victim. All three are students at Ewen–Trout Creek Schools.
Bonin and Wascher were arrested Monday, March 18. Both have been arraigned in 98th District Court. The charge carries a maximum sentence of two years in prison.
According to the Michigan Penal Code, Criminal Sexual Conduct in the fourth degree is a misdemeanor. Read the details of the code at legislature.mi.gov/doc.aspx?mcl-750-520e. It reads, in part:
(1) A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with another person and if any of the following circumstances exist:
(a) That other person is at least 13 years of age but less than 16 years of age, and the actor is 5 or more years older than that other person.
(b) Force or coercion is used to accomplish the sexual contact. Force or coercion includ
(c) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
(d) That other person is related to the actor by blood or affinity to the third degree and the sexual contact occurs under circumstances not otherwise prohibited by this chapter. It is an affirmative defense to a prosecution under this subdivision that the other person was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by a preponderance of the evidence. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation.
(e) The actor is a mental health professional and the sexual contact occurs during or within 2 years after the period in which the victim is his or her client or patient and not his or her spouse. The consent of the victim is not a defense to a prosecution under this subdivision. A prosecution under this subsection shall not be used as evidence that the victim is mentally incompetent.
(f) That other person is at least 16 years of age but less than 18 years of age and a student at a public school or nonpublic school, and either of the following applies:
(g) That other person is at least 16 years old but less than 26 years of age and is receiving special education services, and either of the following applies:
(2) Criminal sexual conduct in the fourth degree is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $500.00, or both.