November 2011 Archives

Kildee Sexual Abuse Allegations Raise Questions Of Motive

November 25, 2011

Allegations of sex abuse are serious - not only does a person accused stand to face serious penalties, but also harm to their reputation. Recently, sex abuse accusations have surfaced that nearly 50 years ago Michigan Representative Dale Kildee, D-Flint allegedly molested his 15-year-old second cousin. Representative Kildee is currently 82-year-old

Sexual abuse is a serious crime. Where the charges involve minors, the potential punishments include some of Michigan's harshest sex crime penalties such as prison sentences, heavy fines and registration on the Michigan Sex Offender Registry. If you are under investigation for or have been charged with any sex crime, it is crucial to speak to an aggressive Michigan sex crime lawyer right away to protect your reputation and begin preparing your defense.

The mother of the alleged victim accuses Representative Kildee of abusing a cousin - Patrick Kildee - starting at the time he was 12 and continuing for 5 years. The mother reported the incidents to a news station. The cousin was institutionalized twenty years ago with schizophrenia and manic depression.

At the time of the alleged offense, the statute of limitations for first-degree criminal conduct was six years. Although the time limit has since been eliminated, it is unknown whether charges will be filed. Further, because the alleged offense occurred so long ago, several are wondered why the allegations are just coming to light now. As stated by one political consultant "... if anyone wanted something to occur that was actionable, it would have occurred a long time ago."

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Governor Snyder Signs Sex Offender Licensing Bill

November 17, 2011

This past week Governor Rick Snyder signed three bills affecting the potential penalties and consequences for individuals found guilty of criminal sexual conduct. Because potential punishments if you have been convicted of a Michigan sex crime may have a long-lasting impact on your future, it is important to contact an aggressive Michigan sex crime lawyer as soon as possible. If you are under investigation for or have been charged with a sex crimes, you need an experienced Michigan sex crimes defense law firm immediately to begin preparing your defense and protecting your future.

The three bills address punishment for various different levels of criminal sexual conduct by health care professional. Criminal sexual conduct refers to a variety of sexual crimes including rape, statutory rape and child molestation that are categorized into four degrees. First degree CSC is often referred to by lay people as "rape," and involves some form of penetration. Second degree CSC involves touching an intimate body party without penetration. Third degree CSC involves penetration and may be referred to by lay people as "statutory rape." Fourth degree CSC involves sexual touching of an intimate body part.

The first bill - House Bill 4411- amends MCL 333.16245 and provides that medical licenses and registration can be permanently revoked for health care professionals convicted of first degree sexual misconduct, second degree criminal sexual conduct, or third degree sexual misconduct. Previously, an individual whose license was revoked after a conviction for a CSC was able to see reinstatement five years later. However, if a person has been convicted of fourth-degree criminal sexual conduct or intent to commit a first, second of third degree CSC, they may be able to seek license reinstatement after five years.

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Hillsdale Teens Arrested For Alleged Sexting

November 11, 2011

Hillsdale, Michigan news reports that an investigation is underway into teenage sexting at Hillsdale Highschool. Currently, two Hillsdale High female students, as well as a male student from another school are being questioned in connection with the exchanging of "sexually explicit" pictures via text. Sexting may be considered possession of "child pornography" and illegal under Michigan law. According to the report, if sexting charges are filed, the two minor females would be tried as juveniles, and the male who is 17 would be tried as adult.

If you or your teen is accused of sexting, it is important to speak with a Michigan sex crime lawyer at once. Because sexting may be considered a sex crime, significant penalties and consequences exist if convicted. Sexting charges are often filed as possession of child pornography or child sexual abusive material. In fact, the possession of any sexually explicit materials of anyone under the age of 18 whether video, digital or electronic is a serious felony. The taking of such images may be classified as "manufacturing" and when a person hits "send," the action may be called distribution. As a result when teenagers make an error in judgment, such as a decision to send a provocative photo to a boyfriend or girlfriend via text, that choice can quickly escalate to a charge of child pornography.

Here, the Hillsdale prosecutor notes that she expects sex crime charges to be filed. The minors would likely face lesser penalties aimed at rehabilitation, such as fines, community serves and counseling. However the 17-year-old could face felony sex crimes charges, with a potential penalty of 20 years in prison.

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Senate Bill 596 Seeks To Criminalize Consensual Sex Between Students And School Employees

November 3, 2011

A bill making it through the Michigan state Senate seeks to expand laws making prohibiting sex between school employees and students. If passed Senate Bill 596 would make consensual sex between school employees - including teachers and administrators - to have sex with students even if the student is older than 18. The law would apply even in those instances of consent, ostensibly to prevent a school employee from taking advantage of a student.

Specifically, Senate Bill 596 would amend MCL 750.520(d) and (e) to provide:

(1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exists:
(e) That other person is at least 16 years of age and IS a student at a public school or nonpublic school and either of the following applies:

(i) the actor is a teacher, substitute teachers, or administrator..."

Under current law, teenagers can willingly "consent" to sex after the age of 16. Where the person is an authority figure, the age of consensual sex is 18. The new law seeks to eliminate any age limit - making it illegal for school staff to have consensual sex even with students above the age of 18.

Recently, a substitute teacher was charged with third degree sexual conduct for having sex with 3 17-year-old boys during the summer months.

Sex crime charges are serious and have the potential to negatively affect your future, requiring potential jail time, registration on the sex crimes registry and even creating a long-lasting public stigma.

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