Michigan Sex Crime Attorneys Blog

A Pinckney man - Gary Clinton Owens - was freed from jail Wednesday after spending two years in prison on charges of second-degree criminal sexual conduct. A jury had convicted the man of inappropriately touching a then 11-year-old girl.

On appeal however, the Michigan Court of Appeals ruled that the assistant prosecutor engaged in misconduct by improperly referring to Owens' past cocaine use and making inappropriate comments in closing. The Court of Appeals also found that Owens' own attorney had failed to use expert testimony at trial that could have cast doubt about Owens' guilt.

The criminal justice system failed Owens at trial and he spent two years of his life locked up as a result. Unfortunately, the reality is that many people are false accused of and wrongfully charged with committing a criminal sexual conduct offense because the law only requires that an allegation of sexual misconduct be made.

Continue reading "Livingston Judge Sets Aside Criminal Sexual Conduct Conviction Due To Prosecutorial Misconduct" »

The recent break up of an international escort service in Detroit raises questions regarding the legality of prostitution. The Detroit News reports that a husband and wife team ran an internet-based sex empire that dispersed prostitutes to hotels and beachfront villas around the world, including Detroit.

Several editorials regarding prostitution, including one from mlive.com posed the question, what's wrong with prostitution when it involves two consenting adults exchanging sex for cash? Here, the situation did not involve young girls or abuse. Rather, the women in the escort business were allowed to keep a large percentage of the profits. The editorial noted that this is a victimless crime and if the company had been allowed to operate in the light of day, Michigan would be able to recoup taxes on this business.

Continue reading " Detroit Prostitution Ring Arrests Raises Questions " »

Plainwell news reports that a 25-year-old man has been arrested on two counts of Michigan criminal sexual conduct, third degree, also referred to by lay people as statutory rape. The man allegedly started a relationship with a 14-year-old girl he met on MySpace.

Although the facts and circumstances of this case are unknown, it is scenarios such as these that police often use as justification for overzealous prosecution and entrapment of innocent individuals for alleged internet sex crimes while using a computer in the privacy of their own homes. A common situation is a police internet "sting" - used in chat rooms and social media sites - where law enforcement agencies attempt to lure an law abiding citizen into having inappropriate conversations with an underage boy or girl. When they are "caught," police offices then may file charges such as solicitation of a minor. Where the individual downloads images of the underage minor - either on their cell phone or computer - his may allegedly constitute distribution of pornography.

These charges are serious felonies that can lead to placement of your name on the Michigan sex crimes registry and jail time.

Continue reading "Plainwell Man Charged With Statutory Rape" »

A Jackson County jury has determined that a Gore Summit man is not guilty of first and second-degree criminal sexual conduct. According to the Jackson Citizen Patriot, a man was accused of assaulting his now 13-year-old granddaughter who is developmentally delayed, mentally and emotionally.

Criminal sexual conduct in the first degree is often referred to as rape, and involves some form of penetration of the alleged victim. Criminal sexual conduct second degree involves touching of a sexual nature of an intimate body part without penetration.

However, little evidence exists that such actions occurred in this case. The girl reported the incidents several weeks after they had supposedly occurred, and no medical documents supported the allegations of assault. Further, the man's ex-wife and two other family members testified that they had not seen the man acting inappropriately with children. Although the man had admitted to touching the girl inappropriately while being questioned by sheriffs, this "confession" occurred after hours of badgering.

Despite a lack of evidence, law enforcement pursued a trial against the man. In Michigan the law requires simply an allegation be made - convictions may occur without any physical evidence supporting the assault.

Continue reading "Gore Summit Man Not Guilty Of Criminal Sexual Conduct" »

According to the Traverse City Eagle, charges were dropped against a Benzie County corrections officer - Richard Lee Zych - accused of fourth-degree criminal sexual conduct.

"Criminal sexual conduct" is a generic term that refers to types of sex crimes that Michigan law divides into four categories. First-degree sexual conduct is sometimes referred to as rape, and third degree as statutory rape. Fourth degree sexual conduct typically involves touching of a "sexual nature" of an intimate body part without penetration. A conviction of any criminal sexual offense will require mandatory placement of your name on the sex crimes registry.

Here, in exchange for a guilty plea of "aggravated assault" - a misdemeanor, prosecutors dismissed the Benzie County sex charges facing Zych, sparing him placement of his name on the registry.

Continue reading "Benzie County Sex Charges Dismissed" »