February 2012 Archives

Berrien Springs Pastor Given Jail Time For Fourth Degree Criminal Sexual Conduct

February 29, 2012

Michigan news reports that a Berrien Springs massage therapist and former pastor has pleaded guilty to two counts of fourth-degree sexual assault. The Berrien County sex crime charges stem from an incident where Johan Albert Abrahams of St Joseph allegedly inappropriately touched a woman's breast and thigh. WSBT news reveals that Berrien County Trial Judge Scott Schofield has sentenced the man to 90 days in jail, 90 days tether, five years probation, as well as requiring Abrahams to pay restitution and fines and costs. He must also register as a Michigan sex offender.

If you are under investigation for any sex crime, consulting with a knowledgeable sex crimes defense lawyer in Michigan immediately is important to begin preparing your defense.

Criminal sexual conduct (CSC) in Michigan is a generic term referring to sex crimes such as rape, statutory rape, and child molestations. CSCs are divided into 4 categories, and a conviction of any level may significantly impact your freedom and your future. Michigan law divides CSCs into the following categories:

• 1st Degree CSC: Criminal sexual conduct first degree involves some sort of penetration of the alleged victim is sometimes referred to by a layperson as rape.
• 2nd Degree CSC: Criminal sexual conduct second degree involve touching of a sexual nature of an intimate body part without some form of penetration.
• 3rd Degree CSC: Criminal sexual conduct third degree is sometimes referred to by the lay person as statutory rape and involves some sort of penetration of the alleged victim.
• 4th Degree CSC: Criminal sexual conduct fourth degree involve touching of a sexual nature of an intimate body part without some form of penetration.

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Allegan County Sexting Scandal Leads To Suspensions And Potential Child Pornography Charges

February 23, 2012

After a recent sexting scandal at an Allegan County high school, community leaders are using this opportunity to educate parents and their teens about the serious consequences that may result from sending sexually explicit photos via text message. What may start out as an innocent-seeming exchange between a dating couple may lead to serious sex crime charges with a potentially long-term impact on your future.

If you or your teen is facing sex crime charges as the result of "sexting" it is important to consult with an aggressive Michigan sex crimes defense attorney immediately to begin preparing your best defense.

Here, a sexting scandal at Otsego High School highlighted the need to teach parents and kids about the potentially serious consequences about sexting. According to reports, a teenage girl sent an explicit photo of herself to her boyfriend while they were dating. After they broke up, the ex-boyfriend forwarded the photo to other teens. As a result of the "sexting," several students at Otsego High were suspended.

Many teens as well as their parents are unaware that under Michigan law teen "sexting" may be considered child pornography, and a teen who forwards a sexually explicit photo may be charged with distribution of child pornography, a felony charge, and required to post his or her name on the Michigan sex crimes registry. Teens who take the photo may also faces charges such as manufacturing child pornography. Those who are simply in receipt of an explicit photo may face charges for possession of child pornography.

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Child Pornography Charges Filed Against Former University Of Michigan Physician

February 16, 2012

A former resident physician at the University of Michigan is facing federal child pornography charges after authorities recovered a thumb drive containing pornographic images. The images were allegedly downloaded from the internet and saved on the drive, which was left in a locked residents' lounge. The drive was recovered more than six months ago and allegedly belonged to Stephen Jensen of Pittsfield Township. Jensen now faces charges of receipt of child pornography and possession of child pornography.

The offense of possession of child pornography or child sexual abusive material consists of the possession of any images whether video, digital, or electronic that depict a person under the age of 18 years old that are sexual in nature, except under very strict and limited circumstances. The mere possession of such material is a serious felony.

If you have been charged with possession of child pornography or engaging in child sexual abusive activity, it's important to consult with a criminal defense attorney right away. Criminal charges involving underage minors demand the most aggressive, dynamic defense from a seasoned Michigan child pornography attorney.

According to reports, the illegal conduct occurred from January 2011 through December 2011, with at least eight people knowing about the alleged crime several months ago. However, police weren't informed until November, prompting an internal investigation.

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Bay City Teacher/Student Sex Crimes Trial Begins This Week

February 7, 2012

A Bay County sex crimes trial begins this week for a former Bay City substitute teacher, Heidi L. Lewis. Ms. Lewis is accused of having sex with three 17-year-old students. Although reports indicate that the purported victims chose to have sex with the woman, she has been charged with criminal sexual conduct 3rd degree, based on a Michigan law that provides that the age of consent is 18 where the participants are a student and a teacher, substitute teacher or school administrator.

If convicted of the felony charges, Lewis faces up to 15 years in jail. If you have are under investigation for or have been arrested and charged with any Michigan sex crime, speaking with a sex crimes defense trial attorney is important to protect your rights and fight the charges.

The issue of consent - and specifically consent where it involves a teacher or school official - has been hotly contested in Michigan. Recently, Senate Bill 596 was introduced seeking to criminalize consensual sex between students and school employee even where the student is older than 18.

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.

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