Michigan Sex Crime Attorneys Blog

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.

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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.”

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