Sex Crimes

September 12, 2012

Following Sexual Assault, Neighborhood Association Leader Calls on Area Residents to Make Southwest Grand Rapids Safer

Recently, a 21-year-old woman was allegedly sexually assaulted by two teens who are believed to be 13 to 15 years of age, according to police. The attack took place around 9:30 p.m. on Monday as the alleged victim was walking near Fulton Street and Valley Avenue. Now Mary Bueche, South West Area Neighbors Association crime prevention leader, is calling for residents’ assistance in making the community a safer place.

Bueche was startled not only that such a violent offense would occur in the neighborhood, but by the suspects’ ages as well. Bueche was also concerned that such a crime would occur early in the evening, as opposed to well after midnight.

News reports stated that the alleged victim was approached by the two teens who attempted first to initiate conversation, then assaulted her both physically and sexually. Bueche said that the area is open to college students and renters, and that it becomes easy for neighbors to go about life essentially oblivious to what is going on around them, not reaching out to neighbors. She hoped that neighbors would help in the effort to begin breaking down barriers and consider things that may make the area safer, such as leaving porch lights on.

Earlier this summer residents in a home near the area where Bueche is employed were robbed and assaulted by a group of men, resulting in the rape of one woman and pistol whipping of another individual. Police were able to make arrests quickly in this case; Bueche hopes for the same outcome in this case.

While Michigan sex crime defense attorneys understand that those living in areas where a crime that is sexual in nature allegedly occurs causes worry and anxiety, we also know that those accused are often innocent of the offenses they are accused of.

September 5, 2012

Detroit Police on Lookout for Sexual Assault Suspect

by Scott Grabel

A 43-year-old Detroit woman was allegedly sexually assaulted in May of this year according to news reports. Now, Detroit police are requesting help from the public in locating a suspect in the assault. Police believe the man is in his 30s, approximately 5′ 10″ tall and weighing about 160 pounds. He is described as having a medium brown complexion and black wavy hair; he was last seen wearing black pants, a red t-shirt and a black hooded shirt. Reports are conflicting as some indicate the suspect was wearing blue painter’s pants.

According to news reports the incident took place on May 16th of this year when the suspect allegedly forced the woman in to a white 1990s model Pontiac Grand Prix. The suspect then drove the woman to the area of Lahser and Fenkell, where it is alleged he sexually assaulted her. He was also said to have been armed when the assault occurred.

Detroit police are asking anyone who may know or have information about the suspect to call the department’s Sex Crimes Unit at 313-596-1950.

Michigan sexual assault defense attorneys understand the seriousness of these types of crimes. In most cases, sexual assault will be charged more specifically by prosecutors under criminal sexual conduct; if convicted, you may face substantial time behind bars and be required to register on the Michigan Public Sex Offender Registry. Being labeled a “sex offender” will negatively affect many areas of your life, including your career and/or employment opportunities.

In addition, a crime that is committed in conjunction with the accused being in possession of a firearm is considered felony firearm. This means that an individual who is accused of committing a crime such as sexual assault will face at least two additional years in prison on top of the sentence handed out for the underlying crime.

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.

August 27, 2012

Sex Offender Requirements Becoming More Personal; Addresses of Registered Sex Offenders in Midland County Verified

by Scott Grabel

Recently, Midland County sheriff’s deputies conducted address verification of registered sex offenders across the county. The process began on August 7th and was completed on August 23rd. These checks are conducted four times each year; there were 161 homes checked by deputies in the county, and no violations were found. According to Michigan State Police, offenders are required by the Michigan Sex Offenders Registration Act to verify their address once at the beginning of each quarter, within the first 15 days of January, April, July and October.

Michigan sex crimes defense lawyers know this is just one of the requirements you face as a convicted sex offender. This is why it is essential that when you are accused of or arrested for rape, possession of child pornography, sexual assault or any sex-related offense, you consult with an attorney immediately. Your lawyer will work diligently to protect your legal rights and prevent a conviction when possible.

Registry reporting requirements are also becoming more personal. Now, many individuals who are registered sex offenders must register information which includes email addresses, social media accounts like Facebook and Twitter, and all telephone numbers where the offender may be reached including home, cell and work numbers. Why is it necessary for those registered to provide such personal information? Police claim that having all of this knowledge allows them to contact an offender quickly; however, Michigan sex crimes attorneys know this also allows police to closely monitor your every word and perhaps intended actions.

Based on the seriousness of the crime committed, perceived danger to the public and risk of repeat offenses, sex offenders are determined to be a level 1, 2 or 3 offender. If you are convicted of a level 3 offense, you will be required to register as a sex offender for the remainder of your life.

May 20, 2012

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

by Scott Grabel

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.”

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.

March 13, 2012

Website Raises Questions About What Is Considered Prostitution In Michigan

by Scott Grabel

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.

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.