Articles Posted in Sex Crimes

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.”

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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.

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