What is the name of your state (only U.S. law)? Michigan
My fiancee is an adjudicated minor convicted of a Tier III offense (Assault with Intent to Penetrate). The incident occurred when he was 14 and he was adjudicated shortly after turning 15. He had been on a school bus with his girlfriend and they were messing around, in typical teenager fashion. He penetrated her with his finger. The bus driver discovered what was going on. . . . .
. . . . even though he had several other students on the bus saying it was consensual and his gf made no protests. . . . .
. . . . especially since it's all over one spineless girl's fear of her parents finding out what she was doing. . . .
These are the comments provided by Kayla in her first post that concern me the most.
This was not an ordinary incident between consenting minors. This was not "typical teenager fashion." The boy had an audience. What he did was in view of other students and a bus driver.
As soon as the bus driver became involved, this became NOT a matter of a "spineless girl" trying to protect against her parents finding out, but an incident that the bus driver was mandated to report. The incident was not within the girl's power to hide.
Although the laws in Michigan have changed a bit since this occurrence, and the fact that minors engage in consensual sexual acts is an accepted fact and will be considered in prosecutions, this does not at all have the sound of a consensual act.
The man should consult with an attorney to go over all facts, as CdwJava wisely advised. That is the only way he will know what his chances are of being removed from the sex offender registry.