Michigan Sex Crime Attorneys Blog

Court Of Appeals Reject Victim's Past Sexual History With Defendant To Show Consent

Sun, 20 May 2012 12:22:41 -0500

A recent 6th circuit case has the potential to impact sexual assault cases in Michigan. In Gagne v. Booker, the Court of Appeals reviewed the legal doctrine called the "rape shield law."

The "rape shield" law provides that defendants in rape cases are not allowed to introduce evidence of an alleged victim's sexual history as evidence that the person consented to the sexual behavior.

If you have been charged with any Michigan sex crime, it is important to contact an aggressive Michigan sex crimes attorney right away to begin preparing your defense.

Here, the defendant was charged with forcing his ex-girlfriend to engage in group sexual activities. The case turned on whether the girlfriend had consented to these acts. Gagne was barred from presenting evidence the girlfriend had previously willingly engaged in group sex based on Michigan's rape shield law.

A lower court determined that Gagne was deprived of his right to a fair trial under the Sixth Amendment, and his conviction was overturned.

The Court of Appeals reversed, determining that Gagne had no right to present this evidence. However, this decision was not unanimous. Two judges dissented, with Judge Raymond Kethledge arguing that the Michigan rape shield law allows an exception for evidence of a victim's prior sexual activity with the defendant. He further noted that the woman had engaged in virtually identical sexual behavior with the defendant and another man and this is a "critical difference in a rape trial in which the only issue was consent and the stakes ran as high as 45 years in prison."

Confusion Persists Regarding Michigan Sex Offenders Registry

Fri, 11 May 2012 13:40:54 -0500

In an effort to bring the Michigan sex crimes registry more in line with federal reporting guidelines, the Michigan legislature recently made several changes regarding how people are listed on the sex offender registry. A main reform was to divide the types of offenders in tiers. However, a recent Michigan sex offender story reveals that despite the changes, many people still have questions about the registry, including what each tier means, and what reporting rules offenders must follow.

If you are required to place your name on the sex crimes registry, it is important to consult with a knowledgeable Michigan sex crimes lawyer. The terms are confusing, and if you fail to follow proper guidelines, you may find yourself faces additional penalties, even jail time.

Last year in an effort to differentiate the most serious sex offenders from those with lesser convictions, a new law went into effect splitting those required to register into 3 tiers.

Descriptions of the new tiers are as follows:

• First-Tier Offenders: These are the least serious sex-offenses and includes such offenses as indecent exposure and possession of child pornography. Individuals may be required to register for 15 years.

• Second-Tier Offenders: These include people convicted on mid-level offenses such as date rape and soliciting prostitutes under age 18. The names of individuals convicted of second-tier offenses will appear publicly on the sex offender registry for 25 years.

• Third-Tier Offenders: These include people convicted of the most serious sex offenses, such as first degree criminal sexual conduct. These people's names will appear on the public sex offender registry for life.

Lansing Man Accepts Plea Deal In Sexual Assault Case

Fri, 04 May 2012 13:33:59 -0500

A Lansing man has accepted a plea deal in an alleged sexual assault case involving a 13-year-old runaway boy. According to reports, the man pleaded guilty in Ingham County Circuit Court to second-degree criminal sexual conduct. MCL Section 750.520c provides that criminal sexual conduct in the second degree is a felony, and punishable by imprisonment "for not more than 15 years." Because this is Carey's second offense, he faces at least five years in prison.

All Michigan sex crimes are serious. If you are facing any sex crime charges, including any degree of criminal sexual conduct, it is imperative to contact an aggressive Michigan sex crimes defense law firm immediately to begin preparing your defense.

Here, Carey was originally charges with two counts each of first degree criminal sexual conduct, second degree criminal sexual conduct, and third degree criminal sexual conduct based on alleged assaults that took place beginning in June of 2011.

Criminal Sexual Conduct is a generic term that refers to a group of sexual crimes, including rape, statutory rape, and child molestation, that are categorized into four degrees:

• First Degree CSC: Criminal sexual conduct first degree involves some sort of penetration of the alleged victim, with one or more of the variables described in the statue MCL 750.250b.

• Second Degree CSC: Criminal sexual conduct second degree involves touching of a sexual nature of an intimate body part without some form of penetration and one of more of the variables described in the statue MCL 750.250c.

• Third Degree CSC: Criminal sexual conduct third degree is sometimes referred to by the lay person as statutory rape and involves some sort of penetration of the alleged victim and with one of more of the variables described in the statue MCL 750.250d.

• Fourth Degree CSC: Criminal sexual conduct fourth degree involves touching of a sexual nature of an intimate body part without some form of penetration, with one of more of the variables described in the statue MCL 750.250e.

College Students Accused Of Rape In Michigan Face Many Legal Hurdles

Tue, 24 Apr 2012 11:50:08 -0500

With the passage of Title IX, rape charges on college campuses have become legal minefields - with serious repercussions for an accused even if criminal charges aren't filed. As detailed in an article discussing alleged rapes on college campuses - two coeds may get together after a night of drinking in East Lansing or Ann Arbor, behind closed doors and with no witnesses. One party may claim that a rape occurred, while the other person states that they had consensual sex.

Under Title IX, even if a prosecutor determines not to file official charges, colleges are required to investigate and hold proceedings that "do their best to balance the accused's due process rights with the civil right of the victim to a safe education." This means you may face significant consequences even if you're not charged with a crime.

As a result, it is very important to consult with an experienced Michigan criminal sexual defense attorney immediately when one party alleges that any sex crime has occurred.

Pursuant to Title IX, colleges that don't do enough about sexual assault could lose federal funds. The college may face civil penalties and in some situations, administrators may even be personally liable. Because of this concern, some fear that campuses are overreacting. As one commentator noted, "It drives --not hysteria ...-- but nearly that, It's such a fear-based reaction that a lot of colleges now are expelling and suspending people they shouldn't, for fear they'll get nailed on Title IX."

"Innocent people get found guilty of harassment [and sexual violence] because the school realizes the only way it can avoid liability is to punish everybody in sight," he said. "Fifteen years ago, 20 years ago, if a student got into trouble he would just drop out and go elsewhere. Now colleges are starting to share information, they're starting to put notations on transcripts." With more at stake, "We're seeing more students who want to stand and fight."

Attorney Erred In Not Advising Client Of Potential 25-year Prison Sentence In State of Michigan v. Douglas

Sun, 15 Apr 2012 21:57:04 -0500

A recent Lenawee County sex abuse case has been sent back to circuit court as the result of attorney error. A Michigan appellate court determined that the defendant was not given a fair trial due to a number of attorney mistakes, including the failure to be given the opportunity to accept a plea bargain and avoid a mandatory 25-year-prison term.

In People of Michigan v. Douglas, Douglas was accused of first-degree criminal sexual conduct based on allegations that he had a 3-year-old girl perform oral sex on him while he was living in Franklin Township. According to MCL 750.520(b), if a person is found guilty of criminal sexual conduct in the first degree involving an individual who is under the age of 13, he or she may face a prison sentence of up to 25 years in jail.

If you have been charged with a sex crime, it is important to consult with an experienced Michigan sex crimes defense attorney right away to begin an investigation into the facts and circumstances surrounding your case. Further, in many instances even if you have been convicted or accepted a plea deal that seems unfair, you may seek appellate review with an experienced Michigan sex crimes appeals attorney.

At trial, Douglas asserted that the allegations were made up by the girl's mother who was mad at him for leaving her and marrying another woman. A jury convicted him at the end of trial and sentenced him to a 7 to 30-year term, which was then amended to a 25-37 ½ year term. On appeal, the court determined that Douglas' counsel made a variety of errors including:

• not advising Douglas about the risk of a 25-year prison term;
• not objecting to improper testimony by prosecution witnesses; and
• failing to question the girl about inconsistent statements at trial.

Preliminary Hearing Delayed For Saginaw Teens Accused Of Criminal Sexual Conduct

Sun, 08 Apr 2012 12:55:28 -0500

Michigan news reports that a Saginaw County criminal sexual misconduct preliminary hearing has been delayed. The case involves two teenaged boys arrested for allegedly engaging in sexual activity with a 14-year-old girl while the three were in highschool together at Saginaw Township's Heritage Highschool.

The two are charged with third degree criminal sexual conduct (CSC), as well as conspiring to commit third degree CSC. Third-degree criminal sexual conduct is a felony and involves some form of penetration. The arrest warrants state that the boys were engaged in sexual acts other than intercourse.

If you have been charged with any form of criminal sexual conduct, contacting an experienced Michigan sex crimes law firm immediately to protect your interests and begin preparing your defense is crucial.

Michigan criminal law, MCL 750.520d, Criminal Sexual Conduct (CSC) in the third degree
provides:

(1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if ... that other person is at least 13 years of age and under 16 years of age.

Third degree CSC is considered a Michigan felony and a conviction carries a maximum penalty of 15 years in prison. The conspiracy charge carries the same penalty.

New Sex Offender Registry Requires Updated Information Beginning April 1

Tue, 03 Apr 2012 22:06:31 -0500

Pursuant to the Michigan public sex offender registration law (PSOR), individuals convicted of sex offenses must place their name on a public list, which is available to the public via the internet. The registry includes identifying information such as current addresses, employer information, social security numbers and even email addresses. The registry can be accessed by anyone, including private individuals, law enforcement officials, school officials, and prospective and current employers who want to locate sex offenders in their neighborhoods. In addition to initial reporting requirements, individuals must periodically update the registry with information about their current residence.

The Michigan sex offender laws were recently changed, with additional reporting requirements. According to the new sex offender registration rules, the second registration period for those required to provide updated address information must do so beginning April 1. Residence information must be verified within 15 days with local law enforcement officials.

If you have questions concerning registration on the PSOR, and what may be required of you, an experienced Michigan sex crimes attorney can provide you critical advice concerning reporting requirements.

The new law divides reporting requirements into tiers, based on the severity of the crime and the age difference between the offender and the victim. The least severe tier is tier one, which includes such crimes as indecent exposure, with tier three registration being required for the most serious sex offenses. The tier you are placed into dictates whether you need to register for 25 years of for life.

Michigan Teacher/Student Sex Legislation Passes

Thu, 22 Mar 2012 11:12:01 -0500

The Michigan Senate has just approved a new teacher/student sex provision aimed at expanding prohibitions against sex between school employees and students. The legislation passed by the Senate in a 36-2 vote Tuesday makes it a crime for school employees such as administrators and teachers to have sex with students, even if the student is 18 or older.

Currently, Michigan law sets an age of consent in such cases at 18.

MCL Section 750.520d Criminal sexual conduct in the third degree, felony, provides:

(1) 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:

e) 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:

(i) The actor is a teacher, substitute teacher, or administrator of that public school, nonpublic school, school district, or intermediate school district.

Individuals charged with having sex with a student face a potential conviction for 3rd degree sexual assault, which is a felony punishable by imprisonment for not more than 15 years.

If you hare facing charges for any Michigan sex crime, consulting with an experienced Michigan criminal defense law firm is important to begin preparing your defense.

The issue of the age of consent - especially among older students and teachers has received a lot of attention recently, with several high profile cases in the news.

For example recently a Macomb County substitute band teacher was involved in a sexting scandal and accused of having sex with one student. In Bay County a Bay City substitute teacher is accused on having sex with three 17-year-old students. A crucial issue in each of these cases was the age of consent. As a result of the new legislation, even more relationships between students/school workers - even where the school workers are volunteers and the activity occurs during the summer months - will come under scrutiny and potentially be subject to criminal charges.

Website Raises Questions About What Is Considered Prostitution In Michigan

Tue, 13 Mar 2012 21:30:10 -0500

A local website is under investigation as a conduit for prostitution. SeekingArrangement.com is a website that is designed to bring men and women together. According to news reports, because men pay women cash for their time, the site has come under fire as really providing "high-tech hookers."

The women on the site deny charges of prostitution. Many are young college students who use money earned on the dates to pay for room and board, tuition and books at colleges across the counts including the University of Michigan, Michigan State University, Oakland University and Wayne State University. Women interviewed on the site explain that money is exchanged for spending time together - not for a sexual relationship. If you have been charged with solicitation or prostitution, it is important to consult with a Michigan prostitution defense attorney immediately to begin preparing your defense.

Prostitution is generally defined as the exchanging of sex for money and is against the law in the State of Michigan. Michigan law, MCL 750.448 provides that soliciting prostitution is crime, and 750.449 provides that engaging services for purposes of prostitution is also considered a crime. Individuals convicted more than once of prostitution can face increased penalties. In addition, the performance of a sexual act, with a prostitute or otherwise, in public is considered gross indecency. Each offense carries with it the penalties of jail-time, mandatory testing for sexually transmitted diseases, the social stigma associated with the commission of these offenses, the potential to have any vehicle used in the commission of any of the above acts forfeited to the state as a nuisance, and registration as a sex offender under the Michigan Sex Offender Registration Act.

Macomb County Substitute Band Teacher Accused Of Sexting With Student

Tue, 06 Mar 2012 14:16:12 -0500

According to a Macomb County newspaper, a Sterling Heights substitute band teacher has been accused of having sex with one student and exchanging explicit text messages with that student and two other teen girls. Based on the alleged Macomb County sexting scandal Christopher Michael Skebo, 29, who taught band at both Sterling Heights high school and Warren high school has been dismissed from his teaching positions and now faces one count of third-degree criminal sexual conduct, one count of child sexually abusive activity, two counts of using a computer to commit a crime, and two counts of tampering with evidence.

Michigan law, 750.520d Criminal sexual conduct in the third degree, felony, provides:

(1) 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:
e) 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:
(i) The actor is a teacher [or] substitute teacher ...

The main charges stem from the substitute teacher allegedly sending inappropriate texts to the teen.

Because of the serious nature of any Michigan sexual offense, consulting with an experienced Michigan sex crimes defense firm right away is important to begin preparing an aggressive defense.

Berrien Springs Pastor Given Jail Time For Fourth Degree Criminal Sexual Conduct

Wed, 29 Feb 2012 12:40:56 -0500

Michigan news reports that a Berrien Springs massage therapist and former pastor has pleaded guilty to two counts of fourth-degree sexual assault. The Berrien County sex crime charges stem from an incident where Johan Albert Abrahams of St Joseph allegedly inappropriately touched a woman's breast and thigh. WSBT news reveals that Berrien County Trial Judge Scott Schofield has sentenced the man to 90 days in jail, 90 days tether, five years probation, as well as requiring Abrahams to pay restitution and fines and costs. He must also register as a Michigan sex offender.

If you are under investigation for any sex crime, consulting with a knowledgeable sex crimes defense lawyer in Michigan immediately is important to begin preparing your defense.

Criminal sexual conduct (CSC) in Michigan is a generic term referring to sex crimes such as rape, statutory rape, and child molestations. CSCs are divided into 4 categories, and a conviction of any level may significantly impact your freedom and your future. Michigan law divides CSCs into the following categories:

• 1st Degree CSC: Criminal sexual conduct first degree involves some sort of penetration of the alleged victim is sometimes referred to by a layperson as rape.
• 2nd Degree CSC: Criminal sexual conduct second degree involve touching of a sexual nature of an intimate body part without some form of penetration.
• 3rd Degree CSC: Criminal sexual conduct third degree is sometimes referred to by the lay person as statutory rape and involves some sort of penetration of the alleged victim.
• 4th Degree CSC: Criminal sexual conduct fourth degree involve touching of a sexual nature of an intimate body part without some form of penetration.

Allegan County Sexting Scandal Leads To Suspensions And Potential Child Pornography Charges

Thu, 23 Feb 2012 15:09:07 -0500

After a recent sexting scandal at an Allegan County high school, community leaders are using this opportunity to educate parents and their teens about the serious consequences that may result from sending sexually explicit photos via text message. What may start out as an innocent-seeming exchange between a dating couple may lead to serious sex crime charges with a potentially long-term impact on your future.

If you or your teen is facing sex crime charges as the result of "sexting" it is important to consult with an aggressive Michigan sex crimes defense attorney immediately to begin preparing your best defense.

Here, a sexting scandal at Otsego High School highlighted the need to teach parents and kids about the potentially serious consequences about sexting. According to reports, a teenage girl sent an explicit photo of herself to her boyfriend while they were dating. After they broke up, the ex-boyfriend forwarded the photo to other teens. As a result of the "sexting," several students at Otsego High were suspended.

Many teens as well as their parents are unaware that under Michigan law teen "sexting" may be considered child pornography, and a teen who forwards a sexually explicit photo may be charged with distribution of child pornography, a felony charge, and required to post his or her name on the Michigan sex crimes registry. Teens who take the photo may also faces charges such as manufacturing child pornography. Those who are simply in receipt of an explicit photo may face charges for possession of child pornography.

Child Pornography Charges Filed Against Former University Of Michigan Physician

Thu, 16 Feb 2012 21:28:49 -0500

A former resident physician at the University of Michigan is facing federal child pornography charges after authorities recovered a thumb drive containing pornographic images. The images were allegedly downloaded from the internet and saved on the drive, which was left in a locked residents' lounge. The drive was recovered more than six months ago and allegedly belonged to Stephen Jensen of Pittsfield Township. Jensen now faces charges of receipt of child pornography and possession of child pornography.

The offense of possession of child pornography or child sexual abusive material consists of the possession of any images whether video, digital, or electronic that depict a person under the age of 18 years old that are sexual in nature, except under very strict and limited circumstances. The mere possession of such material is a serious felony.

If you have been charged with possession of child pornography or engaging in child sexual abusive activity, it's important to consult with a criminal defense attorney right away. Criminal charges involving underage minors demand the most aggressive, dynamic defense from a seasoned Michigan child pornography attorney.

According to reports, the illegal conduct occurred from January 2011 through December 2011, with at least eight people knowing about the alleged crime several months ago. However, police weren't informed until November, prompting an internal investigation.

Bay City Teacher/Student Sex Crimes Trial Begins This Week

Tue, 07 Feb 2012 21:26:27 -0500

A Bay County sex crimes trial begins this week for a former Bay City substitute teacher, Heidi L. Lewis. Ms. Lewis is accused of having sex with three 17-year-old students. Although reports indicate that the purported victims chose to have sex with the woman, she has been charged with criminal sexual conduct 3rd degree, based on a Michigan law that provides that the age of consent is 18 where the participants are a student and a teacher, substitute teacher or school administrator.

If convicted of the felony charges, Lewis faces up to 15 years in jail. If you have are under investigation for or have been arrested and charged with any Michigan sex crime, speaking with a sex crimes defense trial attorney is important to protect your rights and fight the charges.

The issue of consent - and specifically consent where it involves a teacher or school official - has been hotly contested in Michigan. Recently, Senate Bill 596 was introduced seeking to criminalize consensual sex between students and school employee even where the student is older than 18.

Senate Bill 596 would amend MCL 750.520(d) and (e) to provide:
(1) 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 exists:
(e) That other person is at least 16 years of age and IS a student at a public school or nonpublic school and either of the following applies:
(i) the actor is a teacher, substitute teachers, or administrator..."

Under current law, teenagers can willingly "consent" to sex after the age of 16. Where the person is an authority figure, the age of consensual sex is 18. The new law seeks to eliminate any age limit - making it illegal for school staff to have consensual sex even with students above the age of 18.

Jailing Teens For Sex Offenses Often Unfair, Unjust

Thu, 26 Jan 2012 11:44:48 -0500

Increasingly parents across the country are recognizing what many criminal defense attorneys in Michigan have been arguing for years - jailing teens for sex offenses is unfair and often significantly out of proportion to the crime. A recent teen sex crimes article chronicles one family's journey after a Royal Oak teen was sent to prison for "failing in love with a teenage girl."

The article reviewed the case of Ken Baldino, an 18-year-old senior in a Michigan high school who was arrested for having sex with his girlfriend who was a 14-year-old freshman. In Michigan, the age of consent is 16. Baldino was convicted for criminal sexual conduct and was sentenced to one year in jail and three years' probation. However while on probation the teens got back together, which was a probation violation, and Baldino was sentenced to 5-15 years in jail.

A sex crimes defense attorney in Michigan can fight back if your teen has been charged with any sex offense.

Baldino's mother Francie is now part of a parent led rebellion across the country arguing against sex-offender laws that rather than just protecting children in many cases ruin - or significantly adversely affect - their teens lives' by imposing punishments way out of proportion to the crime.

Baldino spent six years in jail and now must wear a GPS tracking device. Francie Baldino is now part of an organization fighting prosecutions for "Romeo-Juliet" type sex offenses. Although in many situations the questions are complex, as stated by Baldino "the law should treat teenage lovers differently from pedophiles or violent sexual predators. The punishment is too extreme for kids. It's a system that's not working."