Michigan Sex Crime Attorneys Blog

According to the Birmingham News, a Grand Rapids man, Timothy Ketchapaw, was arrested on Wednesday after being accused of giving massages to women participating in an all-night filming of "Touchback," a movie starring Kurt Russell. In 1997 Ketchapaw was arrested for indecent exposure and being sexually delinquent and was required to place his name on the Michigan Public Sex Offender Registry.

Placement of your name on the sex offender registry may affect your every day life by the loss of job opportunities, disqualification for government programs and the loss of freedom to live or visit where you choose. State law also prohibits those on the registry from being within 1,000 feet of schools. Reporting requirements and restrictions accompanying placement on list can be harsh and severely punish those who don't fully comply.

Here, the film was being shot at Coopersvile High School. If convicted of violating the terms of the school safety zone, Ketchapaw faces up to four years in jail.

Continue reading "Grand Rapids Man On Sex Offender Registry Arrested For Giving Massages " »

On Wednesday, the high profile criminal sexual conduct trial of Cory Fritz began in Owendale, Mi.. Fritz is a former high school softball coach who is accused of having a sexual relationship with a 14-year-old female player. He was 21 at the time. The Bay City Times reports that the two attended a Tim McGraw concert together in 2005 and, as described by the alleged victim, started a dating relationship, hanging out and watching movies together. According to the victim, the relationship eventually evolved into a sexual one.

In Michigan, the age of consent is 16. Thus, even where a dating relationship exists and your partner says yes, you can be charged with statutory rape if you are older than 16 and your partner is not. Statutory rape - also classified as criminal sexual conduct, third degree - is a serious felony that carries a prison term of up to 15 years and placement of your name on the Michigan Public Sex Offender Registry.

Because of the widespread media attention and size of the town, it's questionable whether it's even possible to have a fair trial. More than half of the jurors interviewed had previous knowledge of the case, and many know one or both of the parties involved.

Continue reading "Owendale Statutory Rape Case Begins" »

As Michigan teenagers prepare to go back to school, parents, school administrators, and even some local officials are putting out the message about the dangers of sexting and the possibility of racy photos being passed around from student to student. Further, across the country, several states are considering enacting laws prohibiting sexting between minors. Despite the real dangers of teenage sexting and the possibility of photos reaching unintended sources, criminalizing this behavior is unnecessary. While advocates of sexting laws argue that making teenage sexting illegal is necessary to protect children from exploitation, opponents disagree, arguing that criminalization violates freedom of expression and privacy rights.

The director of the ACLU of Pennsylvania, one state considering criminalization explains, "So in the scenario where a teenage couple is sharing pictures with each other, and they involve only nudity, not sex acts, they can be charged. Teaching kids about their sexuality is the job that belong to parents and educators, not prosecutors."

Much of the debate arose out of Miller v. Skulniak, a 3rd Circuit barring prosecutors from filing charges against a Pennsylvania teen.

In Michigan, sexting remains a felony, stemming from child pornography laws. Thus, a teenager who sends photos of himself or herself to a girlfriend or boyfriend may be charged with distribution of child pornography, a charge with significant lifelong consequences.

Such harsh consequences are disproportionate to an act that is often innocent and commonplace between teens.

Continue reading "Do Teenage Sexting Laws Criminalize Constitutionally Protected Activities?" »

Last month the Detroit Free Press ran a series exposing a serious problem affecting all of those interested in criminal justice - the overwhelming backlog of cases requiring biological testing - including DNA testing - which is often the key to freedom for those wrongfully accused and convicted.

Today the South Bend Tribune echoed that sentiment, calling for the elimination of Michigan's serious backlog of thousands of forensic cases.

As a Michigan sex crimes defense attorney, I agree. According to the Detroit FreePress,10,500 untested rape kits existed at the beginning of 2010. The number has since grown. In spite of this backlog, Michigan has passed legislation to collect DNA from all those arrested for felonies, but not yet tried or convicted. Rather than expanding the number of people subjected to DNA analysis, emphasis should be placed on processing rape kits and other samples. Often, DNA analysis is the key to freedom for those wrongfully convicted.

DNA evidence freed Kenneth Wyniemko who was imprisoned for nine years for a rape he didn't commit.

DNA evidence freed Rickie Seggie, an innocent Sterling Heights man headed for trial on charges of criminal sexual assault.

Continue reading "Michigan DNA Analysis Backlog Leaves The Accused Waiting For Justice" »

In a resolution reached last week, a Lansing man - Claude McCollum - received $2 million after spending 3 years in jail for a rape and murder he didn't commit. In addition to the 3 years spent behind bars, the family spent 2 ½ years litigating how he should be compensated.

In Michigan, no law provides compensation to the wrongfully convicted. However, a bill is currently pending in the House of Representatives - H.B. 4790 - that would provide $40,000 for each year a person is wrongfully incarcerated if the conviction is later vacated or the individual is determined not guilty.

The family states, "It's a relief that we know he can go on with his life like we go on with our lives." "It will give him peace of mind."

Although the exact number is unknown, experts estimate that as many as 5,000 wrongfully convicted men and women are sitting in Michigan's prisons. Unfortunately, over-zealous police and prosecutors often push to make arrests and convictions, tragically impacting the innocent. In McCollum's case, a civil lawsuit was filed alleging a Lansing Community College police detective hid evidence of McCollum's innocence. Charges were also brought against Ingham County prosecutors, although they were ultimately dismissed.

Despite the settlement, McCollum's life has been irrevocably changed. Hopefully the compensation will allow McCollum to get his life on track and go back to where he was before the conviction - taking classes and finishing school.

Continue reading "Man Wrongfully Convicted Of Rape And Murder Receives $2 Million Settlement" »

A thought-provoking article recently published by the Crime Report, examines the difficulties facing those unjustly accused of child abuse.

Referencing the Tonya Renee Craft case in which the former Kindergarten teacher faced 22 counts of child abuse and molestation, the article states that when Michigan psychologist Demosthenes Lorandos first met her he told her "she was a dead woman," and "[t]hat things were over for her, that she was going to lose."

One of the reasons for Lorandos' conclusion was the sense that "the presumption of innocence goes out the window the moment a person is accused of sexual misconduct."

For example, in the Craft case, over-zealous police and social workers sided with the children accusing her of abuse - despite the lack of physical evidence. Additionally, in many child abuse cases the allegations span several years. Often adults cannot recall dates and circumstances with sufficient certainty to provide an adequate defense to these claims. Further, the way adults and law enforcement officers interview children may lead to false accusations of improper conduct. In Craft's case, police officers asked leading questions and when the answers didn't conform to what they wanted, children's responses were ignored or misconstrued.

How many teachers and parents are in jail now based on false accusations is unknown - often innocent adults will plead guilty as a way to avoid life in prison.

Sadly in Craft's case, as in many other falsely accused, a not guilty verdict does not end the fight. Often, the falsely accused's life and reputation has been significantly and often irreparably damaged by the media storm following the accusations.

In the words of Tonya Renee Craft, "Not guilty is the beginning of the fight."

Continue reading "Article Finds "Uphill Battle" For Those Wrongfully Accused Of Child Abuse " »

According to the Detroit Free Press, the entire 6th Circuit Court of Appeals will review a 2001 rape conviction.

At issue - rape shield laws. Specifically, under what circumstances can the sex life of alleged rape victim be used by the defense at trial.

Generally, Michigan law excludes evidence of the victim's sexual conduct or reputation at trial. However, exceptions may exist in limited circumstances - such as where the sexual conduct is between the accused and the victim, and where the past conduct is relevant to the case at hand.

Here, in a rape trial alleging non-consensual group sex, evidence of a previous act of group sex including the accused and the alleged victim was withheld. The accused - Lewis Gagne - was ultimately convicted and sentenced to up to 45 years in prison.

On appeal, a 3-person panel determined that Gagne's rights were violated at trial. The full 6th U.S. Circuit Court of Appeals has now agreed to revisit the case, finding that based on the facts of this case, the trial court violated the defendant's due process rights in applying Michigan's rape shield law.

Continue reading "Federal Appeals Court To Review Ingham County Rape Conviction" »

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.

Continue reading "Wayne County Man Pleads Guilty to Third Degree Sexual Misconduct In Facebook Sex Case" »

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.

Continue reading "Sex Offenders May Permanently Lose Medical Licenses" »

According to the Saginaw News, a former Freeland teacher has been charge with 21 counts of criminal sexual conduct, including 15 counts of third-degree and six counts of fourth-degree criminal sexual conduct based on sex acts with a Freeland Highschool student.

Third degree criminal sexual conduct is sometimes referred to by lay people as statutory rape. It is a felony and carries a maximum penalty of 15 years in prison.

Fourth degree sexual conduct involves sexual touching of an intimate body part without penetration. The maximum penalty for a conviction of fourth degree sexual conduct is 2 years.

If convicted of any degree of criminal sexual conduct, you must register on the Michigan Sex Offenders Registry.

While the facts and circumstances surrounding this matter are unknown, in all matters involving allegations of criminal sexual conduct, it is crucial to obtain a knowledgeable sex crime defense attorney at the outset to vigorously defend your rights.

Unfortunately, many people are falsely accused of and wrongfully charged with committing a criminal sexual conduct offense because the law requires only that an allegation be made. In fact, an individual can be convicted of a sexual conduct offense with any physical evidence of an assault. An aggressive criminal defense attorney may be able to uncover false allegations or employ other defense strategies in order to get the charges dismissed.

Continue reading "Former Teacher Charged With Criminal Sexual Conduct With A Student" »

According to the Herald-Palladium, Lake Michigan College students who are on the sex offender registry now must be individually reviewed before being allowed to continue taking classes.

Lake Michigan College, a community college educating students throughout Michigan, including Benton Harbor, South Haven, Bertrand Crossing and Niles, adopted a policy in February barring those convicted of a sex crime against a child from attending the college. School officials extended the policy this week to include all sex offenders and convicted felons, providing that any prospective or enrolled student who is on the sex offender registry will be barred from admission. If they object, potential students may have a hearing before a panel of school officials, with the opportunity to provide documentation and an explanation of their circumstance in order to gain admittance.

Unfortunately this policy adds another hurdle and a significant deterrent to individuals seeking a fresh start through education. Many of those listed on the sex offender registry have been required to do so for non-violent crimes such as sexting and consensual sex. Having to go in front of a board to defend these actions in order to gain admittance to school will likely preclude these students from applying in the first place, thereby denying many a second chance.

Continue reading "Lake Michigan College Bars All Sex Offenders From Attending Its Campuses" »

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.

Continue reading "Ypsilanti Police Arrest Suspect In Alleged Sexual Assault of EMU Student" »

The Supreme Court's recent decision in Berghuis v. Thompkins now requires those accused of crimes, including sex crimes, to speak up if they wish to remain silent.

For more than forty years, Miranda warnings have been a fundamental part of the criminal justice system. Since 1966, police have been required to notify those accused of crimes of their Miranda rights. Miranda Rights set forth an individual's rights under the Fifth Amendment - i.e. that an accused has the right against self-incrimination and to have proper legal counsel.

Often, those accused of Michigan criminal sexual conduct make the mistake of believing that police are there to help. Instead police may use lies, lengthy interrogations, or other tactics in the hopes of getting individuals to make self-incriminating statements, which may be used against them in a court of law. Miranda warnings are one of the few protections criminal defendants have against over-zealous law enforcement officers.

Prior to this recent decision, police and prosecutors had to show that the criminally accused understood the warning and knowingly waived his right to self-incrimination. However, the Supreme Court has now weakened these rights by ruling that individuals must specifically and unambiguously announce their intent to invoke their Miranda Rights.

In Berghuis v. Thompkins, a Michigan man - Van Chester Thompkins - was read his rights, but refused to sign a form indicating that he understood them. After nearly 3 hours of interrogation, he remained mostly silent. When police officers asked him a self-incriminating question, Thompkins answered "yes" and was then convicted primarily due to this answer.

The Sixth Circuit Court of Appeals ruled that the "yes" should not have been allowed because Thompkins had implicitly invoked his Miranda rights by remaining silent. The Supreme Court disagreed, ruling that criminal suspects must unambiguously express their intent to remain silent.

Making the accused "speak up" places an unfair burden on individuals and transfers even more power and discretion into the hands of potentially overzealous law enforcement officials.

As Justice Sonia Sotomayor argues in her dissent, the decision "turns Miranda upside down," not only because it requires a suspect to speak to invoke the right to silence, but because "at the same time, suspects will be legally presumed to have waived their rights even if they have given no clear expression of their intent to do so."

Continue reading "Supreme Court Ruling In Michigan Case Weakens Miranda Rights " »

On Tuesday, the Supreme Court held sex offenders who moved states before February 2007 cannot be retroactively charged with violations of the Sex Offender Registration and Notification Act (SORNA). In Michigan - and in every other state in the U.S. - individuals convicted of crimes of a sexual nature or sex-related offenses are required to register as sex offenders. Under SORNA, sex offenders who move must update their registration when they cross state lines.

In Carr v. United States, the Supreme Court reviewed whether an Alabama man - Thomas Carr - could be convicted of a SORNA violation for actions taken before the law was enacted. Here, Carr failed to register as a sex offender when he moved to Indiana in late 2004 following his release from custody in Alabama on a conviction of first-degree sexual abuse.

After being arrested in 2007 on an unrelated matter, the omission was discovered and Carr was charged with violating SORNA. Although he pled guilty, Carr reserved the right to appeal based on the ex post facto issue, i.e. that the indictment should be dismissed since he traveled to Indiana before SORNA was in effect.

An Indiana federal judge disagreed and sentenced Carr to 30 months in prison. The 7th Circuit upheld the conviction and sentence. In a 6-3 decision, the Supreme Court reversed, holding that in order for a violation to occur, both the travel and the failure to register must take place after SORNA took effect.

SORNA, as well as Michigan's Public Sex Offender Registry (PSOR), can be complicated. Registering as a sex offender may significantly impact your everyday life with the potential loss of job opportunities, loss of the freedom to live or visit wherever you'd like and even the freedom to attend some schools.

Continue reading "Sex Offenders Can't Be Charged Retroactively For Failing To Register" »

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.

Continue reading "Michigan Supreme Court Overturns Court of Appeal's Ruling on Double Jeopardy In Sex Abuse Trial" »