People v. Zajaczkowski

At issue in this case is whether defendant was properly convicted of first-degree criminal sexual conduct under MCL 750.520b(1)(b)(ii), which requires that defendant be related to the victim “by blood.” While it is undisputed that there is no biological relationship between defendant and the victim, the prosecution asserts that the relationship element of the crime has been met based on a civil presumption of legitimacy. To determine whether the prosecution is correct, we must address whether the civil presumption of legitimacy implicated by statutory and caselaw, as well as defendant’s lack…