Michigan Sex Crime Attorneys Blog

A recent editorial in the Detroit Metrotimes calls for the abolition of the Michigan Sex Crimes Registry - calling the registry "a half-baked noble idea that was rushed into law in Lansing - and turned into something dangerously bad." Michigan's registry is similar to "Megan's Laws," which were implemented around the country after Megan Kanka, a New Jersey girl was raped and murdered by a man with a history of convictions for sex crimes who lived across the street. Megan's Law requires that persons convicted of sex crimes against children notify law enforcement of changes of address and employment for long periods of time, often 25 years to life.

However Michigan's sex registration law is more severe, requiring people of all types of "sex crimes" to register, providing drivers license pictures and addresses. As the article points out, not only are violent offenders listed, but also 16-years-olds who have sex with their 15-year-old boyfriend or girlfriend, those who sext, and those arrested for indecent exposure - such as public urination.

Once your name is on the registry, it may be hard to get a job, attend a college of your choice or live wherever you like.

In addition to the inequity and arbitrariness of the registry, studies have shown that it doesn't act as a deterrent to crime. A New Jersey study revealed that the registry had no effect on reducing sexual offenses.

Continue reading "Michigan Sex Offender Registry Needs Reforming" »

In the wake of the recent tragedy resulting from a teenage sexual encounter in Huron Township, legal experts are saying that Michigan's criminal sexual conduct laws should be reconsidered. Using felony offenses to punish an older teenage boy against a younger teenage girl (and vice versa) makes bad public policy.

The Huron Township case involves sex between a 14-year-old girl and an 18-year-old boy. Initially, the girl indicated it was consensual, then recanted and said she had been raped. By law, however, 14 year-old is not able to "consent" despite his or her willing participation in a sexual encounter. After receiving intense ridicule at school, the girl committed suicide.

This case has brought the issue of teen sex and Michigan criminal sexual conduct laws to the forefront. The reality is that teens live in a highly sexually society, with significant numbers of teens engaged in sexual relations and sexting. Treating these behaviors as felonies, with the result mandatory registration on the Michigan sex crimes registry, is unjust and disproportionate to the act involved.

A recent article in the Detroit Free Press labeled Michigan's' all-or-nothing legal scheme is "lunacy" - with the boundaries between "perpetrator" and "victim" based on calendar age arbitrary, noting "Some 14-year-old girls are sexually savvy, others are shockingly naïve. Some 18-year-old boys are predatory; and some lack the maturity, or at least the superficial sophistication, of the younger women competing for their attention."

Continue reading "Michigan Sex Crimes And Teens " »

The Detroit News reports that criminal sexual charges were dismissed against an 18-year-old Huron High School senior after the alleged victim committed suicide. This case underscores many issues raised in criminal sexual conduct cases, especially statutory rape cases involving "Romeo/Juliet" romances.

Here, a teenage boy - a senior - allegedly had sexual relations with a freshman girl. After her mother reported the act, the boy was charged with a single count of third degree sexual conduct. Both students returned to the same highschool and were to have no contact with each other. However, tensions escalated after the girl's mother was identified by news media and made a statement on camera. The boy then responded through the use of social media to protect his reputation.

In Michigan, many people are falsely accused of and wrongfully charged with committing sexual offenses because the law only requires an allegation be made. Often, little physical or other supporting evidence exists supporting the charges. Further, where a relationship is involved, these allegations often hinge on contradictory he said/she said testimony. Determining the true motivation for making the accusation of sexual misconduct is one the key elements to a successful defense.

Continue reading "Huron Township Rape Charges Dismissed" »

The Michigan Supreme Court has agreed to hear arguments concerning whether a homeless man who failed to comply with the sex crimes registration requirement can be charged with a violation.

At issue - whether it is a due process violation to prosecute someone for failing to register their residence when they lack a home.

MCL 28.725(1) provides:
An individual required to be registered under this act shall notify the local law enforcement agency or sheriff's department having jurisdiction where his or her new residence or domicile is located within 10 days after the individual changes or vacates his or her residence, domicile, or place of work or education, including any charge required to be reported under [MCL 28.724(a).]

Here, the prosecution has charged Dowdy with violating this statute by failing to register.

Earlier this year the Court of Appeals for Ingham County held that the fact that a person has no residence by definition makes it impossible for homeless people to report their "domicile or residence." As such, both the lower court and the appellate court found the charge violated Mr. Dowdy's constitutional right to due process.

Continue reading "Michigan Supreme Court To Hear Homeless Sex Crime Registry Violation Case" »