Michigan Sex Crime Attorneys Blog

This past May, the Michigan Court of Appeals determined that just cause did not exist to fire a school teacher for engaging in sex acts with a male mannequin. As stated by the court, the "coarse conduct" was neither inappropriate nor criminal. The teacher performed the acts during a bachelor/bachelorette party and pictures of her were placed on a website without her consent.

Today, the Michigan Supreme Court entered an order denying review of the decision, signaling that it was not persuaded by the School District that the question should be reviewed. As a result, the Court of Appeals opinion stands and the teacher is allowed to continue her job.

The distinction between what constitutes a permissible sexually related act and a criminal act is a "slippery slope." In some cases, actions that are taken in jest or without intent to harm another may be considered sex crimes. For example, public urination, flashing and streaking are considered "indecent exposure" and punishable as misdemeanors. Here, although school district labeled the actions "lewd," the court was not persuaded. The teacher's actions were performed while off duty, at an adult venue and did not involve any students.

Continue reading "L'Anse Creuse Teacher Cannot Be Fired For Sex Act With Mannequin" »

Beginning this week, Michigan State Police will conduct a two week sex offender sweep with the intended purpose of locating sex offenders who have failed to verify their addresses.

Pursuant to the Michigan Sex Offender Registry Act (SORA) individuals convicted of crimes of a sexual nature are forced to register as a sex offender. The type of offense dictates for how long an individual must keep his or her name on the list.

Further, SORA requires individuals to keep this information current, including verifying addresses 4 times a year and updating addresses within ten days of moving. The reporting requirements are too complex for most individuals to understand, and to keep up-to-date on as time passes. Unfortunately though, the penalties are harsh for those who fail to meet all the specific reporting requirements and can result in additional fines and incarceration.

Often because of an oversight or innocent mistake, individuals fail to check-in. "Sweeps" like the one in progress occur to track down offenders and determine why someone has failed to register and often, impose additional penalties.

Continue reading "Michigan Sex Offender Sweep Underway" »

According to the Detroit News, a Wayne County jury has found a Detroit minister not guilty of all charges stemming from an arrest for alleged statutory rape.

A 16-year-old boy alleged that the minister had sex with him no less than three times when he was only 15. Michigan's age of consent is 16. The law does not require any criminal intent to prove statutory rape, simply that a person under 16 years of age engaged in sexual relations with an adult.

Because an individual may be convicted of a criminal sexual conduct offense without any physical evidence of an assault or other supporting evidence, it is crucial to hire an aggressive defense attorney if you have been charged with statutory rape or any other criminal sexual conduct charge.

Often, finding the true motivation for making the accusation of sexual misconduct is one of the most important components of a successful defense. Here, evidence presented at trial revealed that the alleged victim and another man made up the stories of sexual relations as revenge against the pastor, a man known for taking troubled teens into his home.

Continue reading "Wayne County Jury Acquits Pastor Of Statutory Rape" »

The U.S. Supreme Court heard testimony on Tuesday in a nightmarish tale underscoring the devastating effect sex crimes allegations can have on individual's reputation and livelihood. In Los Angeles County v. Humphries, a California couple seeks to recover damages against L.A. County for the failure to remove their names from a list of known or suspected child abusers after they had been found innocent of any crime.

In Humphries, the accuseds' 15-year-old daughter stole the family car from her father and mother in California and ran away to Utah, to live with her biological mother and stepfather. The teen told her family in Utah she had been sexually abused for months. The police placed the California parents' names on the Child Abuse Central Index, a sexual offenders registry. After further investigation, no evidence was found and the parents were declared "factually innocent," cleared of all charges. However, Los Angeles County failed to remove their names, citing a lack of procedure to do so. Even after receiving a court order to destroy the records, the County kept their names on the list.

The Humphrieses subsequently brought charges against the County, alleging due process violations and asserting the right to recover damages.

The federal appeals court determined that the Humphrieses were entitled to damages. CNN reports, however, that the Supreme Court appeared "split," questioning whether this is a state or local issue, and how to address the constitutional violation.

Apart from the obviously critical legal arguments, this case illustrates the havoc that can result from the combination of false accusations and overzealous law enforcement officials. The Humphrieses' lives have been turned upside down, they've lost job opportunities, income and had their reputations tarnished - despite a determination of innocence, the damage continues.

Continue reading "U.S. Supreme Court Hears Argument Regarding Damages To Victims For Erroneous Placement On Sex Offender Registry" »