Articles Posted in Criminal Sexual Conduct

Watching the news recently I saw that Michigan State University was fined $4.5 Million for failing to protect the victims in the Larry Nassar case and it got me thinking, I wonder what laws may be changed because of this?

In June of 2019, the criminal case involving Larry Nassar prompted Michigan House Representatives to pass House Bill 4374. For those of you not familiar with the Larry Nassar case, Larry Nassar was a former sports doctor who was sentenced to a great deal of time in prison for numerous counts of criminal sexual conduct while working for Michigan State University and the United States Gymnastics team. Because of his actions while working for the university, House Bill 4374 was proposed and passed in the Michigan House of Representatives.

This bill amends Michigan Compiled Law (MCL 750.483a) to include “a person shall not use his or her professional position of authority over another person to prevent or attempt to prevent the person from reporting a crime listed in section 136b, 520b, 520c, 520d, 520e, or 520g, that is committed or attempted by another person.” By doing so the person is guilty of a misdemeanor punishable by one year or a fine of not more than $1,000, or both.

Today was a big day in the world of criminal law. A hero to many was convicted of a crime that the media focused on and the story is trending across Facebook and Twitter of Bill Cosby being deemed guilty of sexually assaulting Andrea Constand. While many in the #MeToo movement are celebrating a victory, we have to take a step back and analyze just where the future of Criminal Sexual Conduct (CSC) is heading and we have to ask if those accused are facing conviction before the complaint has even been drawn up? We will discuss 3 different situations and break down the concept with commentary and a study of the situation.

I: Bill Cosby

On Tuesday, September 29, a Lubbock, TX man was indicted in an aggravated assault case involving a woman he allegedly abducted on September 9. Tony Price, 59, is accused of sexually assaulting the 59-year-old woman on three occasions in his apartment. He is charged with three counts of first-degree felony aggravated sexual assault, according to news reports.

Price allegedly struck the woman and forced her to perform sexual acts. The next day, the victim convinced Price to take her to pay her electric bill at the Lubbock Power & Light office. While inside the office, the woman got the attention of an off-duty police officer and let him know she needed help. Price fled the scene, and was arrested six days later on September 15. He remains in the Lubbock County Detention Center on a bond of $25,000.

The victim claims that Price kept her against her will, then threatened, beat, and raped her.

On Tuesday, September 22 it was announced that 61-year-old Dr. Farooq Rehman, a neurologist in Old Bridge, NJ, had been charged with the alleged sexual assault of a female patient. Rehman resides in Colts Neck.

According to news reports at CBS and My Central Jersey, Rehman is accused of sexually assaulting a patient in his office during examinations by improperly touching the victim, a 37-year-old woman whose name was not released. The woman alleges this activity occurred during visits to the doctor’s office between August 26 and September 9 of this year, according to the Middlesex County Prosecutor’s office.

Investigators with the Old Bridge Police Dept. began investigating the case after the alleged victim contact police. Rehman has been charged with two counts of criminal sexual contact, and was held on a $100,000 bail at the Middlesex County Adult Corrections Center at last report.

In November of last year, 26-year-old Adam J. Walker pleaded no contest to three counts of third-degree criminal sexual conduct against someone age 13 through 15, according to a news article at Mlive.com. Walker was initially charged with three counts of first-degree CSC during the commission of a felony; he was also charged with two other felonies related to injuries his grandmother suffered when he attempted to steal her vehicle. Those charges were also dropped by prosecutors in exchange for the plea.

As Walker sat in jail following the incident in which his grandmother’s foot was broken as he stole his grandparents’ vehicle, prosecutors charged Walker with three counts of first-degree CSC during the commission of a felony, one count of assault with intent to commit sexual penetration, and one count of using a computer to commit a crime. The warrant alleged that the victim was 13 years old, and that Walker delivered a controlled substance although news reports do not reveal what the drug was.

Walker claimed at his May 2014 arraignment hearing that he did not know anyone with the last name listed on the warrant, which is the name used to identify the alleged victim. He also stressed at his arraignment the fact that he was married.

Recently, it was announced that a west suburban Chicago police officer was charged with several counts involving the alleges sexual assault of a girl younger than 13 years of age. According to CBS Chicago, David L. Wright, a police officer with Elburn for more than 20 years, has been sexually assaulting a child for more than 10 years. He has been charged with 11 counts of criminal sexual assault and 10 counts of predatory criminal sexual assault.

A statement from prosecutors allege that Wright has been sexually assaulting a child he knew since March of 2005, and the sexual assaults continued until just this month when he was arrested at his Campton Hills home. Prosecutors say when the assaults initially began, the victim was under 13. Wright has been placed on paid administrative leave with the Elburn police, pending the outcome of the investigation. According to news reports, he is currently in the Kane County Jail on a $500,000 bond. His next court appearance is scheduled for May 6. Wright is 53 years old.

In Illinois, criminal sexual assault is a term used in place of rape. Offenders do not have the option of probation, as this is a non-probationable felony charge. The penalties for those found guilty include four to 15 years in prison. Predatory criminal sexual assault is more serious, with penalties that include a prison term of six to 30 years.