Criminal Sexual Conduct

November 20, 2012

Former Albion Music Teacher Sentenced to at Least Two Years on Charge of Third-Degree Criminal Sexual Conduct

On Monday November 19, 32-year-old Bowen Wall, a former Albion music teacher, was sentenced to a minimum of two years in prison on a charge of third-degree criminal sexual conduct. Wall allegedly had sex with a 15-year-old student between May 12 and May 19, and was charged in September. Wall pleaded no contest to the charge.

Wall was initially charged with first-degree criminal sexual conduct. Because he pleaded no contest, the charge was reduced to third-degree CSC, which means Wall will not face life in prison. Jason Bomia, Wall’s attorney, stood with Wall as Calhoun County Circuit Judge Conrad Sindt announced the sentence; Wall had nothing to say. The mother of the alleged victim said, “She is a child and she feels guilty for what is happening to you.”

According to the Albion police, the relationship with Wall was consensual; however, because of the victim’s age she cannot legally consent. The girl’s mother told the judge that she had supported Wall as a teacher, and been a friend to him. She said in court, “I trusted you and you violated my daughter. You stole what is not yours. You had no right.”

Wall turned himself in to authorities in May when a warrant was issued for his arrest. The student and her mother reported the sexual relationship to authorities; the alleged victim was not identified, and it was believed that the sexual encounters took place off school grounds.

Michigan sex crime defense lawyers know that it is often the case that an underage individual has consensual sexual relations with an adult. However, adults are punished to the greatest extent possible under Michigan law. There are also circumstances in which innocent individuals are accused of sex-related offenses.

November 8, 2012

East Lansing Restaurant Scene of Alleged Sexual Assault

by Scott Grabel

Manual Antonio Alvarado-Espino, a 32-year-old El Salvador man, has been arrested for allegedly sexually assaulting a woman at Charlie Kang’s Restaurant in East Lansing. Police were dispatched to the restaurant, located at 127 E. Grand River Avenue, at about 10:50 p.m. on Sunday, November 4th after receiving a 911 call from an unknown woman pleading, “Charlie Kang’s, 127 E. Grand River, please come help me” according to news reports.

When officers arrived at the restaurant, they entered through a rear entrance door which was unlocked. Police said that upon entering the restaurant, they could hear a woman pleading for help in the bathroom, but that it was locked. However, police could get a glimpse through a crack in the frame of the bathroom door, and allegedly witnessed a woman who was partially unclothed and laying on the floor, a naked man standing over her.

News reports claim that both the victim, a 46-year-old woman, and Alvarado-Espino were employees at the restaurant. Upon gaining access into the bathroom, police arrested Alvarado-Espino who was charged with one count of unlawful imprisonment, one count of interfering with electronic communications, and two counts of first-degree criminal sexual conduct. He was arraigned on the charges before East Lansing District Judge Richard Ball on Tuesday.

If you have been charged with criminal sexual conduct in the first degree, or CSC 1st degree, it is urgent that you seek the guidance and support of a skilled Michigan sex crimes defense attorney right away. This is the most serious of all Michigan sex offenses, and if convicted can mean a lengthy prison term or even life for the accused.

In cases such as this one where the accused and the alleged victim knew each other and worked together, it’s often hard to determine if there are underlying circumstances, such as a flirtation or perhaps even a relationship. While the alleged perpetrator in this case may be guilty, there are many situations where innocent individuals spend years behind bars.

October 31, 2012

51-year-old Portage Man Arrested for Sex Crimes Allegedly Committed in Early 90’s

by Scott Grabel

Leonard Richey, a 51-year-old Kalamazoo County resident, was arrested on Thursday October 25th by Michigan State Police, who say he committed sex crimes in Forest Township in 1990 and 1991. Richey was charged with four counts of criminal sexual conduct.

Police began investigating Richey in early 2010, after one of the alleged victims who reportedly had issues for years finally came forward to reveal what happened to him and three others, according to Detective First Lieutenant Chuck Christensen.

News reports claim that Richey has a lengthy criminal past, and that he served prison time for a 1980 negligent homicide charge, as well as six years prison time for a CSC charge that allegedly occurred in 1993. Richey now lives in Portage in an adult foster care home. If convicted, he could face life in prison for allegedly molesting four young boys.

Detective Christensen told news reporters that Richey would use alcohol or other devices to entice the boys and get them in position for the sexual assaults. He was arraigned in the 89th District Court and given no bond. Richey is expected to appear in court again within two weeks.

Michigan sex crimes attorneys understand the serious consequences those charged with a sexual offense against a child face when convicted. You could spend years or even your life behind bars, in addition to being required to register as a sex offender for life. However, skilled and experienced lawyers also know that young children are easily influenced and susceptible to suggestions made by others which may not be fact. In any case involving sexual abuse of a child, it is extremely difficult or even impossible to win without the guidance of a competent attorney.

September 25, 2012

Michigan Sex Offender Living in Kentucky Creating a Stir in Edgewood

by Scott Grabel

William Begley, a Michigan man who is a registered sex offender and who has been behind bars for the majority of the last 18 years on sex charges, is causing a stir in his Edgewood, Kentucky neighborhood. It seems that Begley lives in close proximity to a park and a school, although he is not breaking the law. In Kentucky, sex offenders may not live within 1,000 feet of a playground or school, but this is a law that went into affect in 2006 and does not apply to Begley. Still, neighbors have complained to Edgewood Police.

Begley lives a block away from President’s Park, and across the street from Saint Pius School. Edgewood Police Chief Tony Kramer says that about 6 residents have either stopped by the department or called to complain about the situation, although Begley is breaking no laws. Just out of jail in August, Begley was jailed twice in Michigan on charges of criminal sexual conduct. The problem is with a Kentucky Supreme Court ruling which just went into effect in 2006, requiring that sex offenders live at least 1,000 feet from schools or playgrounds. This rule does not apply to Begley, because it cannot be enforced on individuals convicted of a sex crime prior to 2006. Neighbors say the law is “a crock.”

News reports state that for the few weeks Begley has been living in the neighborhood, he has been low-key and quiet. Talking to news reporters, he said that all he wants is a fresh start. No criminal charges can be filed against Begley simply because he lives in the neighborhood and within a close range of the school and park, but Assistant Kenton County Attorney Jason Reed says that neighbors need to be “vigilant,” and that they can ensure that he is behaving himself by keeping an eye out on the community.

For his part, Begley stated that the neighbors don’t have anything to worry about, that he paid his dues for the mistakes he has made.

Michigan sex crime attorneys understand the hardships registered sex offenders face in society. Even when you have done your time and paid your debt to society, the stigma will always be there. It’s hard to live life when you feel that everyone you come in contact with is watching over his/her shoulder.

August 30, 2012

Former Lansing Pediatric Dentist Convicted of Sexual Assault of a Child

by Scott Grabel

A former Lansing pediatric dentist, 65-year-old Dr. Wendell Racette, was convicted on August 24 on 15 counts of criminal sexual conduct for the sexual assault of a child who was a patient more than 10 years ago. Racette was found guilty of 10 counts of second degree CSC and 5 counts of first-degree CSC. He now faces up to life in prison.

Racette had an office located in Lansing at East Saginaw Street at the time the assaults occurred, according to news reports. Prosecutors alleged that the boy had been sexually assaulted several times by Racette between 1996 and 2000. The victim, who is now 22 years old, was between the ages of 5 and 10 when he was sexually assaulted.

The former dentist was put on trial for the charges in December of 2011, however it ended in a hung jury. Racette went before Judge William Collette at the Ingham County Circuit Court in that trial. News reports stated that it took the jury less than a day to reach the guilty verdict in the second trial.

Chris Bergstrom, Racette’s attorney, was surprised at the verdicts and said they were “just really disappointed.” Bergstrom said the defense team would talk with Racette about the options. He also said that he questioned the victim’s credibility, as he had a history of being untruthful.

Several other former patients testified regarding their experiences in Racette’s office. Two former female patients alleged that Racette had fondled them while they were teenage or younger. Another testified that Racette had told her, “If you ever do that again, I will rip your teeth out” after she had attempted to leave the room to get her mother.

Michigan criminal sexual conduct defense attorneys understand the seriousness of being convicted on charges of sexual assault against a child. However, there are frequently occasions on which an innocent individual is accused, and unfortunately many innocent people spend time behind bars.

July 25, 2012

Illegal Immigrant Facing Possible Deportation Following Conviction on Criminal Sexual Conduct Charges

by Scott Grabel

In May of this year, 22-year-old Luciano Martinez pleaded guilty to two charges of criminal sexual conduct in the third degree. Martinez, an illegal immigrant, will likely be deported after he was convicted of the charges in a Cass County court.

The charges were filed after it was revealed that Martinez was having sex with a 14-year-old girl. The defendant resided in Eau Claire, at 9070 Cushing Road. He was sentenced by Circuit Court Judge Michael Dodge on July 13th to a minimum of 40 months in the Michigan Department of Corrections, although it is not certain whether he will serve out the sentence before being deported, according to Prosecutor Victor Fitz.

Martinez was accused of aggressively pursuing a relationship with the 14-year-old girl against the wishes of her mother. According to Fitz, Martinez provided the girl with a cell phone so that she could call him. Immigration authorities may decide to deport the defendant to Mexico; the judge said that Martinez’ felony conviction subjects him to deportation, as he is in the U.S. illegally.

Dale Blunier, attorney for Martinez, said that prior to meeting the girl, the defendant had never had a girlfriend, and that he is essentially a “22-year-old man in a teenager’s body.” Blunier described Martinez as immature.

While Martinez was sentenced to 40 months inside guidelines of 36 to 60 months, he has been credited with 95 days served of that sentence.

Michigan criminal sexual conduct attorneys know that a conviction for this type of offense can have a negative impact on the convicted individual’s life forever. Those in the U.S. are required to register on a frequent basis. Anyone who is listed as a sex offender will have problems throughout their life regarding employment, housing, having the right to own a gun and more.

The reality of the situation is that while Martinez was convicted of a sex offense, it is highly likely that the 14-year-old consented to the relationship. It is an unfortunate truth that many times, those accused of crimes such as this are involved with young girls who invite the relationship.

April 8, 2012

Preliminary Hearing Delayed For Saginaw Teens Accused Of Criminal Sexual Conduct

by Scott Grabel

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.

March 22, 2012

Michigan Teacher/Student Sex Legislation Passes

by Scott Grabel

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.

February 29, 2012

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

by Scott Grabel

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.

January 20, 2012

FBI Changes Definition Of Rape

by Scott Grabel

Central Michigan Life news reports that the Federal Bureau of Investigation’s (FBI) Uniform Crime Unit has recently changed its definition of forcible rape to include males as victims, updating the definition and bringing it more in line with Michigan’s model law.

The new law does not distinguish between genders and defines rape as: “Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”

Previously, the FBI had defined rape as only a crime against women, classifying rape as the “carnal knowledge of a female forcibly and against her will.”

Since 1975 however, Michigan has had a more broader model law and recognizes various types of sexual conduct as criminal, including touching or other contact, as well as penetration with a breast, genital or buttock as a sex crime. The FBI’s new definition is more narrowly focused than Michigan’s, making only penetration a sex crime.

If you have been charged in Michigan with any form of sexual contact, it is important to speak with a Michigan sex crimes defense attorney immediately to begin preparing your defense. Because Michigan’s law is so broad many situations involving sexual conduct may lead to a sex crimes investigation and charges being filed. Consulting with a sex crimes defense lawyer in Michigan right away may be a crucial first step in protecting your future.