Michigan Sex Crime Attorneys Blog

July 16, 2010

Wayne County Man Pleads Guilty to Third Degree Sexual Misconduct In Facebook Sex Case

According to the Detroit News, a 19-year-old was charged with third-degree criminal sexual conduct for allegedly having sex with a 13-year-old girl he met on Facebook. Third degree sexual conduct is sometimes referred to as “statutory rape.”

Here, the 19-year-old boy had been hiding in the girl’s bedroom for up to two days before the girl’s mother discovered him. The girl told the police they had “sexual contact.”

Under Michigan law, the age of consent is 16. The law doesn’t require the existence of intent to sexually assault another, simply that a person be under 16 years and engaged in sexual relations. Thus, although a younger party may say yes, the older partner may be subjected to the harsh injustice of prolonged prison time and placement of his or her name on the sex crimes registry.

In the instant case, if convicted, the 19-year-old faces up to 15 years in prison and must register as a sex offender.

July 8, 2010

Sex Offenders May Permanently Lose Medical Licenses

by Scott Grabel

Any one convicted of rape in Michigan may soon permanently lose their medical license. According to News Channel 3 out of Lansing, the Michigan House of Representatives has just passed a bi-partisan package that would forever strip people convicted of criminal sexual conduct of their medical licenses. This includes doctors, dentists and nurses and would apply to first, second or third degree criminal sexual conduct.

Presently, Michigan law allows those convicted of criminal sexual conduct who lose their license to reapply after 5 years. If the recent legislation passes the Senate, those convicted will lose this crucial second chance.

Too often those accused of sex crimes make serious mistakes at the very beginning of an investigation when confronted by the police regarding allegations of sex crimes. Often, individuals accused don’t believe a matter is serious or that particular allegations are credible so they freely discuss a case without first consulting with a skilled criminal defense attorney.

However, allegations of criminal sexual misconduct and possible convictions are very serious matters and carry with them significant consequences. Law enforcement officers understand this and are not there to help you – and may even use trickery and deception to illicit and incriminating statement, which may undermine your ability to defend against potential charges.

Not only will a conviction carry with it potential jail time and placing your name on the sex crimes registry, but Michigan continues to up the ante – with colleges denying entrance to those with prior sex crimes convictions and now potentially barring those convicted of sex crimes from practicing their chosen profession.

June 17, 2010

Ypsilanti Police Arrest Suspect In Alleged Sexual Assault of EMU Student

by Scott Grabel

On Monday, a man was arrested in the alleged sexual assault of an Eastern Michigan University student. The student reported that she woke up to find the man on top of her with a knife. He allegedly raped her and then fled. He is now being charged with first-degree criminal sexual assault.

In Michigan, criminal sexual assault or conduct (CSC) is divided into four categories. First-degree criminal sexual conduct is commonly referred to as rape by lay people, and third degree is statutory rape. Second and fourth degree criminal sexual conduct offenses include sexual touching without penetration. All criminal sexual conduct offenses are considered felonies. If convicted, you could face serious consequence including prison sentences and having to place your name on the sex crimes registry.

Because of the way sex crimes laws are written, many people are falsely accused of and wrongfully charged with committing sex crimes when little or no evidence exists. Further, those accused of a sex crime often make a serious mistake at the beginning of a case by speaking to law enforcement officers without an attorney present when they think a matter isn’t serious or lacks credibility.

May 27, 2010

Michigan Supreme Court Overturns Court of Appeal’s Ruling on Double Jeopardy In Sex Abuse Trial

by Scott Grabel

The Michigan Supreme Court has reversed last year’s court of appeal’s decision that a South Lyon man was free to go home because “double-jeopardy” barred him from being tried for a criminal sexual misconduct in Lenawee County. Double jeopardy bars the prosecution of an individual for a crime for which he’s already been tried.

Often, complicated procedural and substantive issues arise in trial that may significantly affect a defendant’s rights, including judges and prosecutors who overstep their legal authority. Appealing a sex crimes conviction or plea can be extremely confusing and complex, but often necessary to ensure justice.

Here, the Michigan man – Douglas Eugene Camp – stood trial in 2007 on charges of sexually abusing his 11-year old nephew. The judge granted a mistrial after a witness testified that the Camp had also been tried in Livingston County on the same charges and found not guilty.

The case was re-tried in 2008, and the new jury found Camp guilty of second-degree criminal sexual conduct. On appeal, the court of appeals determined that Camp had been placed in double jeopardy when the 2007 court declared the mistrial and determined Camp was free to go after serving only two years of his four-year and nine-month to 15-year prison term.

The Michigan Supreme Court reversed this ruling, reinstating the 2008 jury conviction.

May 14, 2010

Craft Acquittal of 22-Counts of Sexual Misconduct Not A “Real” Victory

by Scott Grabel

Tonya Craft, a former Georgia kindergarten teacher who’s child molestation trial captured the nation’s attention, was acquitted Tuesday on charges of molesting three girls, ages 5 and 6. She was found not guilty on all counts including child molestation, sexual battery and aggravated child molestation. Had she been found guilty, she would have faced up to 400 years in jail.

Craft notes though that despite her acquittal, it doesn’t feel like a victory. She stated on the Today Show, “[t]here’s nobody that wins in this situation. My whole heart has been taken, and I got half of it back.”

Since her arrest nearly two years ago she has lost much:

Her two children were taken away from her. One of her daughters testified against her. Ms. Craft now has to fight to regain custody.
Craft lost her home and had to move.
Craft lost her job and was ostracized by her community. She has received death threats.

Craft wants to share her experience and make people aware “that this can happen anywhere, anytime, to anyone.”

Sadly, false arrests are all too common. Sexual misconduct allegations can be made by anyone regardless of whether any physical evidence exists and are often pursued by overzealous prosecutors. In Craft’s case, one of the alleged victims admitting lying and another said she was promised a toy.

In cases involving children, the accusations can be particularly devastating and life altering. Often, the accusations are the result of contentious custody battle or vindictive ex-spouses seeking revenge.

April 15, 2010

Grand Rapids Homeless Sex Offenders File Suit Seeking Shelter

by Scott Grabel

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.”

March 17, 2010

Criminal Charges Dropped Against Pittsfield Township Man

by Scott Grabel

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.

March 3, 2010

Michigan College No Longer Admitting Convicted Sex Offenders

by Scott Grabel

According to WNDU local news, Lake Michigan College is no longer admitting people convicted of sex crimes against children and those listed on Michigan’s sex registry.

This broad rule could affect students who pose no threat, especially those convicted on juvenile charges who could benefit most from educational opportunities and a fresh start. In fact, studies show juveniles make up a large percentage on the Public Sex Offender Registry (PSOR).

Under current Michigan law, many non-violent sex offenders must place their names on the registry, sometimes for life. This includes non-violent sex offenders such as juveniles who have been convicted of having consensual, yet underage sex, and those convicted of “sexting,” which in some cases can be a violation of child pornography laws.

As the LMC decision shows, registering on the Public Sex Offender Registry (PSOR) may affect the everyday lives of those individuals forced to register, including the loss of job opportunities, disqualification for obtaining student loans and the freedom to attend certain schools. Often, these results are unfair and unjust, denying opportunities to those who have committed minor offenses.

December 29, 2009

“SEXTING”: A new era in the proliferation of child pornography among teenagers in Michigan.

by Scott Grabel

It seems these days that every teenager in Michigan owns a cellular telephone and most phones are equipped with a camera. These factors are a dangerous mix for the approximately twenty (20%) of teenagers, according to a recent survey, who send sexually explicit images via their cellular telephones. Teenagers naturally have a decreased sense of assessing the risk of engaging in certain behaviors and this behavior is one that appears to be increasing based upon the number of prosecutions that have occurred throughout the country. “Sexting” can be a violation of child pornography laws, which are felonies, and can lead to jail or prison time, and most often require registration on the Michigan Sex Offender Registry.

Michigan law as a general rule provides that child pornography, or child sexually abusive material, involves or includes the possession of images or other depictions of persons under the age of 18 that are sexual in nature. Laws dealing with child pornography are drafted in very broad terms to prohibit possession of images that may appear to be innocent but are nonetheless unlawful to possess. Parents with teenagers should be aware that “sexting” is illegal and can potentially have lifetime consequences. Parents should also advise their children of the potential consequences of such behavior. Taking a proactive approach to educating teenagers could save a whole lot of heartache and legal fees.