Michigan Sex Crime Attorneys Blog

According to the Lansing State Journal, Michigan State Police Trooper Joseph Donovan has been found not guilty of rape by an Ingham County jury. Donovan was standing trial for nine counts of first degree sexual misconduct. The jury found him not guilty on seven counts and deadlocked on the other two.

Although Donovan is understandably relieved, the investigation, charges and subsequent trial have significantly impacted Donovan's life. He has been on unpaid leave from work since 2008 and has been living in "limbo." He has also faced significant public scrutiny.

Fortunately he will now be able to move on, although whether he will get his old job back has not been determined.

If you have been charged with any criminal sexual offense, it is critical to contact an experienced Michigan criminal defense lawyer immediately to begin investigating the charges and preparing your defense.

Continue reading "Ingham County Jury Finds Michigan State Trooper Not Guilty Of Rape" »

After years of criticism and unfair treatment of those convicted of minor sex offenses, the state Senate has approved a bill that will significantly alter the Michigan Sex Offenders Registry.

As a result of the new Michigan sex crimes registry legislation, juvenile offenders will no longer make the public list. Those involved in "Romeo and Juliet" cases - where consenting teens have sex - will not be placed on the list as long as the number of years separating the youths is no more than four years.

Other changes include categorizing the offenders into Tiers, with the most serious on Tier 3. Tier 1 offenders may be able to petition for removal after 10 years for good behavior. The reforms will put Michigan's registry in compliance with the federal Adam Walsh Act.

The sex crimes registry was originally intended to notify citizens if a child predator lives in the area. However, predators only represent a small slice of the nearly 40,000 names on the list, with some people's names remaining on the list long after their misdemeanor convictions were expunged by the courts.

Supporters applaud the changes for making Michigan's sex offender registry less "brutal and stigmatizing" for teenagers, but note that more reforms are necessary to avoid unjust consequences.

As stated in a recent editorial published in the Detroit Free Press, "Getting rid of Romeo and Juliet cases should jump-start a broader debate on how to refine and improve and overreaching requirement that no longer serves its intended purpose."

Continue reading "Michigan Sex Crimes Registry Reforms Adopted By Senate" »

In the wake of the Michigan child pornography charges filed against Evan Emory, scholars are reviewing what the standards should be concerning the sharing of digital images, often not tied to any sexual malice yet charged as a sex crime with significant and often life long consequences.

Evan Emory is facing charges of distributing child sexually abusive materials after he edited a video to make it look like elementary school children were listening to him sing a sexually graphic song. He faces 20 years in prison and placement of his name on the Michigan sex crimes registry.

As stated in a recent article from the NewYork Times the Evan Emory case has drawn strong reaction both from Muskegon residents and around the world in such far reaching places as Ireland and Australia, noting that the case "underscores the still evolving nature of the law when it comes to defining child pornography in the age of Facebook, YouTube and sexting."

Unlike adult pornography, child pornography is not provided the same First Amendment protections because the laws presume a child is being harmed. But, the reality is that "now we have situations where people are being arrested and charged" in connection with digitally altered images, where no child was abused.

Continue reading "Michigan Child Pornography In The Facebook Era" »

Michigan news reports that the Muskegon County Prosecutors office has filed felony sex charges against singer-songwriter Evan Emory after creating a sexually-themed video and allegedly inserting innocent images of first graders into the film. He then posted the video on YouTube. Emory now faces charges of manufacturing child sexually abusive materials - making child porn - and faces 15 to 20 years in jail. His preliminary hearing scheduled for this week has been postponed.

If you have been charged with any sex crime, it is critical to contact an aggressive Michigan sex crimes defense lawyer at once to protect your reputation and your rights, and begin preparing your defense.

Emory allegedly performed an innocent song in front of the school kids and videotaped the children during the performance. He then videotaped a second version with sexual references outside the presence of the children, edited the video tape so that it appeared the children were reacting to the explicit song, and posted it on YouTube.

Here, the charges of manufacturing child pornography overstate the real actions and motivation of Emory. Despite perhaps a lack of good judgment, Emory is not a sex offender nor did he have criminal intentions. Instead, reports state that he wanted to make people laugh. Subjecting him to substantial time in jail and requiring him to have his name listed on the Michigan sex crimes registry would be a significant injustice. While Michigan is currently looking at ways to reform the registry, placement of someone like Emory - more of a youthful prankster than a violent predator - shows the inadequacy of the current system.

Continue reading "Muskegon County Felony Sex Charges Filed In Evan Emory YouTube Video Case" »