May 16, 2013

Sentencing for Bay City Woman Accused of Molesting Boyfriend's Minor Siblings Rescheduled

In April of this year, 21-year-old Alyssa D. Jones pleaded guilty to sexually assaulting the underage brothers of her boyfriend. Jones, who lives in Bay City, pleaded guilty to two counts of assault with intent to commit sexual penetration. She was scheduled to be sentenced on Monday, May 13. The sentencing hearing has now been rescheduled for Monday, June 3 after Jones decided to change defense attorneys.

The defendant was initially charged with two counts of second-degree criminal sexual conduct and four counts of third-degree CSC with a person between the ages of 13 and 15. Prosecutors dismissed these charges in exchange for Jones' pleas.

According to a news report at Mlive.com, Jones' boyfriend, who was 17 years old, lived with his mother and two brothers who were 14 and 15 years old. On October 1 Bay City police were called to the home after receiving a report of domestic violence. Jones and her boyfriend were involved in an altercation after she allegedly told her boyfriend that she had sex with his 15-year-old brother, according to what police were told by the boys' mother. She also said that the 15-year-old had a hickey on his neck, and that Jones admitted she was responsible.

The younger siblings arrived at the home while police were on the scene. It was at this point that the 14-year-old revealed to his mother that he had also engaged in sexual activity with Jones recently. Court records indicate that the boys' mother requested Jones be arrested by police.

Both of the younger boys were interviewed in late October by staff at the Nathan Weidner Children's Advocacy Center, and claimed that on the same day, both had sex with the defendant at their home.

Assault with intent to commit sexual penetration is a 10-year felony offense. Michigan sex crime lawyers know that not only may the defendant in this case spend substantial time behind bars, she may also be required to register as a sex offender, punishment which will no doubt affect her ability to secure employment and negatively impact other areas of her life.

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May 15, 2013

Alger County School Administrator Charged With CSC Waives Preliminary Hearing

In March, 35-year-old Benjamin David Franklin II who was the principal and administrator of Munising Baptist Church and School was arrested in connection with alleged sexual activity with a student at the school, and charged with one count of third-degree criminal sexual conduct. Franklin was arraigned in Alger County District Court.

On May 9, a news article at UpperMichigansSource.com indicated that Franklin is now facing additional charges in regards to his alleged involvement with the teenage female student. According to the report, the defendant is now facing two additional charges of CSC in the third degree after the criminal complaint was amended. Franklin was bound over to circuit court after waiving his preliminary hearing on Thursday, May 9.

Franklin is accused of engaging in sexual conduct with a female student who was said to be between the ages of 16 and 18. Upon learning of the allegations on March 12, families were notified by school officials that Franklin had resigned his position; ten days later families of the school students were informed that a police investigation into the allegations was underway.

Franklin's bond was set at $5,000; he was released immediately following his arraignment and remains free. He currently resides in St. Joseph, IL.

Without a capable team of Michigan sex crime defense attorneys defending your freedom, charges of third-degree criminal sexual conduct could leave you facing a substantial length of time behind bars. Not only that, your career and reputation will likely be ruined, and being labeled a sex offender will negatively impact your life forever, creating a stigma that follows you wherever you may go.

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May 9, 2013

Grand Rapids Man Indicted on Numerous Sex-Related Charges

Gary William Hampton, a 63-year-old Grand Rapids man, was arrested on April 4 by Grand Rapids police in connection with allegations that he provided a 15-year-old boy with illegal drugs and money to entice him to pose nude and perform sex acts while being photographed, according to an unsealed indictment recently filed in U.S. District Court.

A May 1 news article at Mlive.com states that Hampton has been charged with two counts of first-degree criminal sexual conduct, one count of sexual exploitation of a child, and one count of possession of images of a minor engaged in sexually explicit conduct. The exploitation and possession of images charges were filed in federal court; the CSC charges were filed in Grand Rapids District Court.

The criminal sexual conduct charges are in connection with an alleged incident involving a minor under the age of 13; these charges stem from 2004 according to news reports. The federal allegations are in connection with an incident which occurred in March of 2006 according to the indictment. Authorities claimed that Hampton was in possession of 10 photographs of the 15-year-old boy in April. He is currently being held without bond on the criminal sexual conduct charges.

As all Michigan sex crime attorneys are aware, individuals convicted on charges of first-degree CSC may face up to life in prison. These types of crimes are often the most complex of all, as false allegations are often made. While there are certainly guilty individuals behind bars, there are also many who are innocent and who are being unfairly punished for crimes they did not commit.

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May 8, 2013

Meridian Township Police in Search of Registered Sex Offender Wanted for Indecent Exposure

Meridian Township Police are asking for the public's assistance in locating a man who is accused of indecent exposure. David Lee Arnold, a Lansing man, is a registered sex offender and believed to be involved in two incidents recently in which he exposed himself to women in a coffee shop.

According to a news article at the Lansing State Journal, a warrant was issued on Thursday, May 2, for Arnold who is 55 years old. The warrant for Arnold's arrest includes being a habitual offender fourth offense, three counts of indecent exposure, and sexual delinquency.

Records indicate that the suspect first registered as a sex offender in 1995 in Michigan. Arnold has records in Ingham, Kent, Oakland, and Washtenaw Counties for prior incidents related to sexual delinquency and indecent exposure which range from the early '90s to 2007 according to news reports at Mlive.com.

The two incidents of indecent exposure which occurred recently involve a man believed to be Arnold, who sits in a local coffee shop and exposes himself to women sitting nearby as he appears to be reading a newspaper. Police say he then gets up and leaves.

Arnold is believed to be in his late 50s or early 60s, and is described as 5' 11" tall weighing about 200 pounds.

As skilled Michigan indecent exposure attorneys know, an individual who is convicted on a charge of indecent exposure may face up to one year in jail along with substantial fines. However, if that individual has already been determined to be sexually delinquent, he or she may be sentenced to life in prison. Because Arnold is a registered sex offender, he will likely face serious penalties if convicted of the crimes he is accused of.

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May 6, 2013

Ypsilanti Township Man Found Guilty in Brutal 2009 Rape of Prostitute

In October of 2012, 40-year-old Anthony Derrick Chandler was arrested for attacking a prostitute in March of 2009. Chandler allegedly beat the woman, choking her and slashing her with a knife. On Thursday May 2, he was found guilty of first-degree criminal sexual conduct, assault with a dangerous weapon, and assault with intent to do great bodily harm. Chandler may now face life in prison.

Chandler was originally charged with assault with intent to murder, however jurors opted for assault with intent to do great bodily harm. They found him guilty as charged on all other counts.

It took authorities more than three years to apprehend the suspect, however DNA and identification by the victim ultimately led to his arrest. According to a news article at AnnArbor.com, the alleged victim, who is 44 years old, identified Chandler in a photographic lineup. DNA was found on the victim's coat and a glove recovered at the crime scene which also linked Chandler to the crime.

The victim was a prostitute, and admitted that she had purchased crack cocaine before the alleged rape and attack. David Goldstein, Chandler's attorney, told the jury in his closing remarks that jurors should think carefully about the victim's claim that she did not smoke the crack cocaine she bought that day, and told them that they should consider how hard drugs affect an individual's memory. Goldstein said that there were "lots of discrepancies" in what the woman said.

DNA experts who testified at the trial on behalf of the prosecution did admit that it was Chandler's DNA found on the victim's coat and inside a glove found in the snow at the alleged crime scene, however they also said that the woman's body contained evidence of other semen as well.

The 2009 attached took place in Ypsilanti Township where South Harris Street dead-ends at the railroad tracks. The victim claims that as she stood near a baseball field, she was grabbed and dragged to a wooded area nearby while Chandler held her at knifepoint; he then allegedly raped her on a mattress, attempting to slash her throat but ultimately slashing her hand as she attempted to defend herself.

Chandler is scheduled to be sentenced on June 3; he is currently being held at the Washtenaw County Jail.

Michigan sex crime defense lawyers know that in a situation like this, it is difficult to determine whether events actually played out as the alleged victim claims. Considering that the woman was a prostitute and addicted to hard drugs, it's hard to know the truth. However, it appears as though the defendant in this case may spend the rest of his life in prison.

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May 2, 2013

Alleged Sexual Assault Victim to Testify Against Former Saginaw Township Catholic School Athletic Director

A woman is scheduled to testify on Thursday, May 2 regarding an alleged sexual assault she endured at the hands of Gary S. Moreland, a former Saginaw Township Catholic school athletic director, more than 20 years ago. The defendant, who is now 72 years old, allegedly began assaulting the victim when she was six years old. Moreland's attorney, Matthew L. Reyes, denies the accusations against his client.

Moreland is charged with one count of first-degree criminal sexual conduct against someone younger than 13 and five counts of fourth-degree CSC. According to a news article at Mlive.com, Moreland was around 50 when the alleged sexual assault began.

The victim is a distant relative of the defendant, and says that an incident involving penetration took place in the early 90s, when she was between six and eight years old; she could not remember her exact age, but said that the defendant put her on his lap and assaulted her in a basement. She alleges that on several occasions when her family returned to visit family in the area, Moreland touched her inappropriately.

The victim also states that during her high school years after moving back to Saginaw she worked for Moreland, and that the assault continued in the form of grabbing her buttocks, shoving his tongue in her mouth, and other inappropriate behavior. The defendant was scheduled to go on trial on February 5 before Saginaw County Circuit Judge Janet M. Boes, however trial was adjourned at his attorney's request because he was new to the case.

The woman was in an in-patient rehab center in 2008 when she first spoke of the alleged assault; in December of 2011 an investigation began, and charges were filed against Moreland by prosecutors in April of 2012.

While the woman will testify before a jury of seven men and seven women, her mother and aunt will also testify regarding incidents involving Moreland which allegedly occurred when the two were teenagers.

Michigan sex crime lawyers know that anyone convicted on a charge of first-degree criminal sexual conduct may face a lifetime in prison. Even when an individual does not serve life in prison, other severe penalties can ruin his or her life. Being labeled a sex offender will negatively impact the person's life, ruining his or her reputation and causing lifelong shame and embarrassment regardless of guilt or innocence.

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May 1, 2013

Farmington Hills Teacher Charged With CSC in Connection with Conduct with 7-year-old

On March 28 of this year, 58-year-old Andrew M. Howell, a longtime substitute teacher at Farmington Public Schools, was charged with second-degree criminal sexual conduct in connection with an incident involving a 7-year-old student. A preliminary exam was scheduled for April 17 in 47th District Court before Judge Marla Parker.

Howell, a resident of Farmington Hills, allegedly touched the child inappropriately on March 19 as he was substituting. According to a news article at C & G News, Howell picked up the girl to put her on his lap, and in the process placed his hands between her legs or on her bottom. Howell's defense attorney, Mitch Ribitwer, said in news reports that he had not seen the entire discovery.

At his March 29 arraignment hearing before Judge James Brady, Howell was given a $1 million cash or surety bond; because the defendant allegedly admitted his sexual feelings toward minors to police, a reduction in his bond amount was denied.

Howell has been a substitute teacher for more than 25 years according to a news article at Mlive.com. If convicted of second-degree criminal sexual conduct, he could face up to 15 years in prison. He may also be subject to lifetime monitoring with a GPS tether, and required to register as a sex offender for life.

Michigan sex criminal defense attorneys know that an individual may be charged with second-degree CSC if he or she engages in sexual contact with a person who is younger than 13 under Michigan's Penal Code 750.520c. There are also many other factors which may lead to charges of criminal sexual conduct 2nd degree. The penalties are severe, and unfortunately many innocent people sit behind prison bars today for crimes they did not commit.

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April 30, 2013

Child Porn Conviction Leaves Former Warren Teacher Facing Probation, Jail Time

On Tuesday April 23, 37-year-old Mark G. Brittan of Hazel Park was sentenced to five years probation and seven months in the Macomb Count Jail after being convicted on a charge of possessing child pornography. Brittan is a former Warren substitute teacher, and taught for approximately four years in Van Dyke Public Schools.

Brittan was allegedly found to have child pornography on his computer, however, his arrest was triggered by what was called "inappropriate" behavior according to Judge Richard Caretti. This inappropriate behavior consisted of Brittan allegedly taking a "suggestive" picture of a 7-year-old student while teaching; the girl was fully clothed at the time the photo was taken.

A news article at C & G News stated that Brittan took full responsibility for his actions, saying that it was "the biggest mistake" of his life. After listening to Brittan's remarks, Judge Caretti also ordered Brittan to register as a sex offender. He was also ordered to avoid contact with any individual age 17 or younger, and told not to go within 1,000 feet of school property, or within 500 feet of daycares, parks, or playgrounds.

The investigation into the incident began after Warren police learned from school officials that Brittan had told the girl to pose for the photo. The girl told her mother, who then reported the incident to a school resource officer. Upon learning of the allegations, police obtained a search warrant and searched Brittan's home in June of last year, where they seized property including a computer. According to the news article, criminal charges were authorized based on statements made by the defendant in the course of an interview, and analysis of the items seized at the residence.

Jack Jaffe, Brittan's defense attorney, said that his client is undergoing counseling and has performed 48 hours of community service. Brittan has been working at Oakland Community College as a tutor. Following sentencing on Tuesday, he was escorted immediately to jail.

Michigan child pornography attorneys know that when it comes to sentencing for individuals convicted of this offense, Brittan got off with what some would call a "light sentence." According to the Michigan Penal Code 750.145c, individuals who knowingly possess materials that are considered child pornography are guilty of a felony offense which may result in up to 4 years in prison; certain other factors could lead to penalties that are even more harsh.

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April 24, 2013

36-year-old Jackson Man Pleads Guilty in Sexual Assault of Now 9-year-old Female Relative

Recently 36-year-old Brian Norbert Otto of Jackson pleaded guilty in the sexual assault of a female relative who was 6 and 7 years old at the time the alleged assault occurred; she is now 9 years old. Otto is scheduled to be sentenced on May 29 by Jackson County Circuit Judge Susan Beebe on the first-degree criminal sexual conduct charge, which is punishable by up to life in prison.

In exchange for his guilty plea, prosecutor's have altered the charge eliminating the mandate that Otto serve a minimum of 25 years in prison because the alleged victim is younger than 13, according to a news article at Mlive.com. In addition, prosecutors dismissed two counts of second-degree criminal sexual conduct and one count of first-degree CSC in exchange for Otto's guilty plea.

According to Assistant Prosecutor Kati Rezmierski, the case boils down to he said, she said. Rezmierski said that essentially, this case hinges on the word of the accused abuser and the victim, which may be enough for a conviction by a jury although in some cases it makes it difficult to obtain a conviction. Otto pleaded guilty to the first-degree CSC charge on April 10.

The alleged victim's mother was away when Otto had contact with the girl on numerous occasions according to the news article. Deputy Chief John Holda said that the girl's mother reported the sexual assault to police in February of 2012 after her daughter told her what was happening. Otto was arrested by police and arraigned the same month, and has been held in the Jackson County Jail since that time.

While this is certainly a traumatic experience for the young victim if the allegations are true, Michigan sex crime attorneys know that many individuals who are accused of sexual assault, rape, or other sex-related offenses are innocent. Children are often coerced by adults into making claims that are not true, although this certainly isn't the case in every situation.

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April 23, 2013

Mistrial Declared in Sexual Abuse Case Involving Grand Ledge High School Teacher

In July of 2012, 32-year-old Jason Algra, a Grand Ledge High School teacher, was accused of engaging in sexual conduct with two males who were students at the school, one 15-year-old and the other 17 years old. Algra was charged with three counts of first-degree criminal sexual conduct and five counts of third-degree CSC. He was bound over to Eaton County Circuit Court for trial.

On April 19, Eaton County Probate Judge Thomas Byerley declared a mistrial in the case, claiming an issue with the evidence presented in the case. A 12-member jury deliberated for more than 10 hours last week; according to a news article at Mlive.com, Algra will be re-tried in the case, although a new trial date had not been determined as of Friday.

Algra was employed by the school as a science teacher and swim team coach. When originally charged with the sex offenses, Judge Julie Reincke set Algra's bond at $250,000 and outlined specific conditions, including that he may not contact either victim or be employed at any location where minors typically gather.

Allegedly, the sexual encounters with one of the alleged victim's began on Facebook. After a private message from Algra to the student via Facebook asking if the student wanted to go swimming, the two swam together for the rest of the week, according to the student's testimony. From then, the situation escalated when Algra and the student showered in the locker rooms.

The victim claims that when he heard of Algra's involvement with another male student at the high school in September, he stopped seeing and communicating with Algra, although Algra still tried to communicate with him via text messaging.

If Algra's new trial does end in a conviction on charges of first-degree criminal sexual conduct, Michigan sex crime attorneys know that he may face up to life in prison. The penalties for all sex crimes are extremely harsh, however first-degree CSC is the most serious sexual criminal offense.

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April 22, 2013

Ypsilanti Township Woman Allegedly Sexually Assaulted; Deputies Still Searching for Suspects

On Monday April 15, a 21-year-old woman was allegedly sexually assaulted by two men as she was walking in the area of Textile Road and Cary Drive in Ypsilanti Township, according to Sgt. Geoffrey Fox of the Washtenaw County Sheriff's Office. The alleged attack took place between 5 a.m. and 5:30 a.m.

The woman said that two men approached her as she was walking in the area, then sexually assaulted her. Deputies are still in search of the two men, and now a sketch of one of the men has been made public to assist in the search. One of the suspects is described as having a light complexion with a medium build and about 5' 6" in height. The second suspect was described as having a dark complexion, perhaps a black man; he is believed to be in his 20's. He is said to be thin and approximately 6 feet tall.

Deputies said that prior to the sexual assault, a man was in the area who was walking a dog; this man spoke to the woman before the sexual attack occurred, although he is not considered a suspect. Deputies want to talk to this individual, although news reports do not indicate whether they have located him yet.

While the news article does not go into detail about what occurred in the alleged attack, Michigan sex crime lawyers know that any individual who is accused of sexual assault or any sex-related offense face serious and often life-changing consequences. The potential penalties depending on the seriousness of the charge include up to life in prison; even those who spend minimal time in jail/prison will likely be required to register as a sex offender, which negatively impacts an individual's ability to secure employment, where they may choose to live, and more. Sex offenders are often shunned by the communities in which they live; the stigma will follow you for life.

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April 17, 2013

Ypsilanti Man Convicted of Sexual Assault in March Faces Additional Charges

On March 15, 76-year-old Dervin Mood was convicted by an Oakland County jury on a charge of third-degree criminal sexual conduct; Mood was on federal probation for child pornography at the time. Now it has been revealed in a news article at AnnArbor.com that Mood will go on trial for five charges of CSC in Washtenaw County. These charges stem from incidents which allegedly occurred at his home in Ypsilanti.

The criminal sexual conduct charges against Mood in both Oakland and Washtenaw County are related to the same victim. News articles state that the man has mental health issues, including Asperger's syndrome. He was assaulted by Mood according to prosecutors at the age of `12, 15, 16, and 19 in a time period that spanned from 2003 to 2011.

Mood is a former child care provider and school teacher who was on federal probation for possessing child pornography when charged with CSC in Washtenaw County. Oakland County Prosecutor Jessica Cooper stated in news articles regarding last month's conviction that Mood would likely be sentenced to 51 to 106 months in prison. Now, Mood will again go on trial in Washtenaw County; his trial date is scheduled for April 29.

While it wasn't revealed how the current allegations would affect Mood's federal probation, Cooper said it was bound to in some way. The federal charges were related to child pornography found on Mood's computer, along with diary entries and recordings.

Whether for first-, second-, or third-degree criminal sexual conduct, Michigan sex crime attorneys know the penalties are harsh - and the damage done to the accused individual's future and reputation cannot be undone. Being required to register as a sex offender is perhaps the worst penalty of all, as the consequences can last a lifetime. Career and employment opportunities may be affected, not to mention the stigma that follows the individual around like a black cloud.

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April 16, 2013

Retired Warren Police Officer Faces CSC Charges Involving High School Student

Dale Malesh, a 62-year-old retired Warren police officer, was arrested on Friday April 12 on charges of third-degree criminal sexual conduct. An investigation into an alleged sexual relationship with a 16-year-old female who attended Warren Woods Tower High School led to Malesh's arrest.

Malesh, who lives in Roseville, is a retired patrolman who was with the Warren Police Department for 19 years according to Police Commissioner Jere Green. Prior to his retirement from the department, Malesh was a school resource officer at the high school for 11 years; he also worked at the school during the 2011-2012 school year as a security contractor.

If convicted on two counts of third-degree criminal sexual conduct, Malesh could face as many as 15 years in prison. Detectives began investigating Malesh promptly when allegations of sexual misconduct were reported to police. According to Commissioner Green, the evidence revealed there was a sexual relationship between the 16-year-old student and Malesh. Some of the evidence was gathered from financial transaction devices, social media (Twitter, Facebook), telephone records and text messages, according to a news article at CandGnews.com.

After obtaining a search warrant and searching Malesh's home on April 12, the suspect was taken into custody without incident. He was arraigned the same day before Judge Dean Ausilio in the 37th District Court. Malesh was required to wear a tether if released on the $150,000 cash or surety bail which was set, and prohibited from being in contact with any individual younger than 18; he also gave up his passport.

Steve Kaplan, Malesh's defense attorney, would not discuss the accusations against Malesh but said that he was a "liked and respected police officer," and that Malesh had an outstanding career.

Malesh is scheduled back in court for a preliminary examination before Chief Judge John Chmura in the 37th District Court on April 25.

Michigan sex crime defense lawyers know how critical it is that those who are charged with any type of sex offense obtain the support and guidance of a skilled attorney with a successful track record for handling even the most difficult cases.

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April 15, 2013

Ypsilanti Township Man Convicted in 2012 Rape and Assault

On Thursday April 11, 25-year-old Dajuan Robert of Ypsilanti Township was convicted of nine felony charges related to the brutal attack of a woman in March of 2012, according to a news article at AnnArbor.com. Sgt. Geoffrey Fox of the Washtenaw County Sheriff's Office told reporters that Roberts was found guilty on two counts of assault with intent to do great bodily harm, resisting or obstructing police, domestic violence and assaulting, two counts of assault with a dangerous weapon, and three counts of first-degree criminal sexual conduct.

The victim, who was Roberts' girlfriend at the time, was allegedly assaulted and raped in an incident that occurred in the 500 block of Emerick Street in Ypsilanti Township on March 21 of last year. Sgt. Fox said that at the time the attack took place, Roberts and his girlfriend were engaged in an argument regarding their sexual relationship, which escalated to the point of Roberts becoming enraged. He then allegedly choked her until she almost blacked out, and struck her several times in the face. In a statement, Fox said that the assault continued for several hours and that he had threatened to kill his girlfriend with a knife he had been holding.

According to news reports, the attack escalated to sexual violence when the defendant raped the victim, telling her he would kill her if she didn't do what he said. After heating up a wire clothes hanger so that he could "brand" the woman with his initials and cutting her with a knife, someone who was at the residence dialed 911.

Fox said that the suspect fled through a back bedroom window upon hearing deputies arrive at the home; he was apprehended and arrested a short time later. Following the guilty verdict on Thursday, Roberts was being held on a $250,000 bond in Washtenaw County Jail; there was no word on when he will be sentenced.

Roberts could face life in prison for the convictions on charges of first-degree CSC. As all experienced Michigan sex crime attorneys know, a situation can be complex when an individual is accused of a sexual attack or rape by someone he or she is involved in a relationship with. The penalties are extremely severe if convicted, ruining lives and futures.

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April 11, 2013

Ecorse Man Charged with First-Degree CSC in Alleged July 2012 Rape

An Ecorse man, 30-year-old Aaron Tyrell Qualls, was arraigned on Thursday April 4 on a charge of first-degree criminal sexual conduct after he allegedly raped a woman in July of 2012. Qualls was arraigned via video conferencing by Magistrate David Dinkleman in Hillsdale County District Court.

According to a news article at Hillsdale.net, Qualls and the alleged victim were being driven around by an Osseo man, James Carver. While the woman admitted that she was intoxicated at the time, she insisted that she did not want to engage in sexual relations with Qualls, and that he raped her in the vehicle as they were being driven around by Carver. Qualls has denied her accusations to authorities.

Carver was arrested in 2012 for aiding and abetting Qualls; however in October those charges were dropped because of a lack of evidence. An arrest warrant was issued for Qualls by Prosecutor Neal Brady in October of 2012, but he was not arrested until last week on April 3.

Due to a prior criminal record involving felony firearms, flight risk, and the seriousness of the offense he is accused of committing, Qualls was denied bond and remains in the Hillsdale County Jail. He admitted that he was aware there was a warrant for his arrest, however he did not turn himself in to authorities. Qualls next court date is set for April 17 at 9 a.m.

As experienced Michigan sex crime attorneys, we are very familiar with circumstances like these in which an alleged victim was intoxicated and later claims he or she was violated. While it may be absolutely true, there are many times when a victim cries rape after the fact, even though he/she may have been a willing participant at the time the alleged offense actually took place.

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