Criminal Sexual Conduct

May 27, 2010

Michigan Supreme Court Overturns Court of Appeal’s Ruling on Double Jeopardy In Sex Abuse Trial

The Michigan Supreme Court has reversed last year’s court of appeal’s decision that a South Lyon man was free to go home because “double-jeopardy” barred him from being tried for a criminal sexual misconduct in Lenawee County. Double jeopardy bars the prosecution of an individual for a crime for which he’s already been tried.

Often, complicated procedural and substantive issues arise in trial that may significantly affect a defendant’s rights, including judges and prosecutors who overstep their legal authority. Appealing a sex crimes conviction or plea can be extremely confusing and complex, but often necessary to ensure justice.

Here, the Michigan man – Douglas Eugene Camp – stood trial in 2007 on charges of sexually abusing his 11-year old nephew. The judge granted a mistrial after a witness testified that the Camp had also been tried in Livingston County on the same charges and found not guilty.

The case was re-tried in 2008, and the new jury found Camp guilty of second-degree criminal sexual conduct. On appeal, the court of appeals determined that Camp had been placed in double jeopardy when the 2007 court declared the mistrial and determined Camp was free to go after serving only two years of his four-year and nine-month to 15-year prison term.

The Michigan Supreme Court reversed this ruling, reinstating the 2008 jury conviction.

May 14, 2010

Craft Acquittal of 22-Counts of Sexual Misconduct Not A “Real” Victory

by Scott Grabel

Tonya Craft, a former Georgia kindergarten teacher who’s child molestation trial captured the nation’s attention, was acquitted Tuesday on charges of molesting three girls, ages 5 and 6. She was found not guilty on all counts including child molestation, sexual battery and aggravated child molestation. Had she been found guilty, she would have faced up to 400 years in jail.

Craft notes though that despite her acquittal, it doesn’t feel like a victory. She stated on the Today Show, “[t]here’s nobody that wins in this situation. My whole heart has been taken, and I got half of it back.”

Since her arrest nearly two years ago she has lost much:

Her two children were taken away from her. One of her daughters testified against her. Ms. Craft now has to fight to regain custody.
Craft lost her home and had to move.
Craft lost her job and was ostracized by her community. She has received death threats.

Craft wants to share her experience and make people aware “that this can happen anywhere, anytime, to anyone.”

Sadly, false arrests are all too common. Sexual misconduct allegations can be made by anyone regardless of whether any physical evidence exists and are often pursued by overzealous prosecutors. In Craft’s case, one of the alleged victims admitting lying and another said she was promised a toy.

In cases involving children, the accusations can be particularly devastating and life altering. Often, the accusations are the result of contentious custody battle or vindictive ex-spouses seeking revenge.

April 15, 2010

Grand Rapids Homeless Sex Offenders File Suit Seeking Shelter

by Scott Grabel

According to the Grand Rapids Press, a lawsuit has been filed on behalf of four homeless individuals with criminal convictions for minor sex offenses to allow them to stay in homeless shelters. The suit was filed in the Ingham County Circuit Court before the State asked to move it to the U.S. District Court. The case was prompted after a homeless man was found frozen to death in a salvage yard after being turned away from an emergency shelter. The man, Thomas Pauli, was listed on the sex crimes registry and as a result, was banned from staying in a shelter because it was located within a school zone.

The recent matter seeks an injunction preventing prosecution for those homeless sex offenders who need “a safe place to stay at night.” The case seeks to clarify whether homeless sex offenders on the registry can have access to emergency shelter. Earlier this year, the Michigan Court of Appeals determined that homeless sex offenders did not have to place their names on the sex crimes registry, based in part on the fact that being homeless necessarily means that these individuals have no permanent residence and thus cannot provide a home address.

In Grand Rapids, all emergency shelters are located within school zones and hence, when emergency shelter is necessary, homeless sex offenders are left with the choice of sleeping on the streets and confronting possible life threatening situations such as rape, assault and frigid temperatures or staying in a facility and facing possible prosecution from the State. It places those who are already down on their luck, many with minor convictions, in a no win situation. As the lawsuit states, the ban on staying in a shelter constitutes “cruel and unusual punishment.”

March 17, 2010

Criminal Charges Dropped Against Pittsfield Township Man

by Scott Grabel

Washtenaw County prosecutors dropped criminal charges against a Pittsfield Township sex offender accused of illegally living near a school.

Matthew Freeman, now a 23-year-old man, was arrested and convicted when he was 17 of having consensual sex with his 15 year-old girlfriend. Because his girlfriend was under the age of consent, Freeman was convicted of fourth degree criminal sexual conduct and required to register as a sex offender. Freeman had been in a steady relationship with the girl, but 12 days after he turned 17, the girl’s mother requested Freeman be criminally charged as a way to end the relationship.

Often, finding the true motivation for making the accusation of sexual misconduct is one of the most important components of a successful defense.

As the result of prosecutorial error during the plea hearing, Freeman’s conviction for fourth degree criminal sexual conduct – age of victim, was recorded as fourth-degree criminal sexual conduct involving force or coercion, subjecting Freeman to the school safety zone residency requirement.

Had he been convicted of the safety zone violation, Freeman could face up to a year in jail.

Freeman’s record was corrected early this March, exempting Freeman from the residency restrictions. As a result, prosecutors dropped the pending charges.

For Freeman and his family it’s a bittersweet victory. Freeman’s name still must remain of the Michigan Sex Offenders Registry until August 17, 2028.