Michigan Sex Crime Attorneys Blog

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.

Continue reading "Senate Bill 596 Seeks To Criminalize Consensual Sex Between Students And School Employees" »

Detroit News reports that a Wayne County judge has removed a man's name from the sex crimes registry after he successfully petitioned the court. Kenneth Thornberry, now 26, went to prison in 2005 as the result of having consensual sex with his girlfriend of two years. He was 18 and she was 14-years-old at the time.

Under Michigan law, minors under the age of 16 cannot legally "consent" to having sex despite the fact that he or she may be a willing participant in the sexual activity. In fact, many incidents of alleged statutory rape occur in "Romeo/Juliet" type relationships, where teen boyfriends and girlfriends engage in sexual activity without any criminal intent to commit sexual assault. A charge of statutory rape is classified as criminal sexual conduct third degree and is a serious felony, carrying with it significant consequences if convicted.

If you or someone you love has been charged with statutory rape, it is critical to contact an experienced Michigan sex crimes defense attorney immediately to protect your future and begin preparing your defense.

Here, Thornberry was convicted of criminal sexual conduct and spent 6 years behind bars. His name was also placed on the Michigan Public Sex Offender Registry. Having to register of the sex crimes registry can affect your everyday life and your future, potentially impacting where you live, work, go to school and the types of government programs you qualify for.

Continue reading "Wayne County Judge Removes Detroit Man From Sex Offender Registry" »

On Wednesday, the high profile criminal sexual conduct trial of Cory Fritz began in Owendale, Mi.. Fritz is a former high school softball coach who is accused of having a sexual relationship with a 14-year-old female player. He was 21 at the time. The Bay City Times reports that the two attended a Tim McGraw concert together in 2005 and, as described by the alleged victim, started a dating relationship, hanging out and watching movies together. According to the victim, the relationship eventually evolved into a sexual one.

In Michigan, the age of consent is 16. Thus, even where a dating relationship exists and your partner says yes, you can be charged with statutory rape if you are older than 16 and your partner is not. Statutory rape - also classified as criminal sexual conduct, third degree - is a serious felony that carries a prison term of up to 15 years and placement of your name on the Michigan Public Sex Offender Registry.

Because of the widespread media attention and size of the town, it's questionable whether it's even possible to have a fair trial. More than half of the jurors interviewed had previous knowledge of the case, and many know one or both of the parties involved.

Continue reading "Owendale Statutory Rape Case Begins" »

According to the Detroit News, a 19-year-old was charged with third-degree criminal sexual conduct for allegedly having sex with a 13-year-old girl he met on Facebook. Third degree sexual conduct is sometimes referred to as "statutory rape."

Here, the 19-year-old boy had been hiding in the girl's bedroom for up to two days before the girl's mother discovered him. The girl told the police they had "sexual contact."

Under Michigan law, the age of consent is 16. The law doesn't require the existence of intent to sexually assault another, simply that a person be under 16 years and engaged in sexual relations. Thus, although a younger party may say yes, the older partner may be subjected to the harsh injustice of prolonged prison time and placement of his or her name on the sex crimes registry.

In the instant case, if convicted, the 19-year-old faces up to 15 years in prison and must register as a sex offender.

Continue reading "Wayne County Man Pleads Guilty to Third Degree Sexual Misconduct In Facebook Sex Case" »

According to the Detroit Free Press, sexual assault charges were dropped against former Detroit Lions player, Tommie Boyd. Boyd was accused of third-degree criminal sexual conduct based on his relationship with his girlfriend who was 16 at the time. The charges were dropped after the judge determined that no coercion was involved.

Boyd and the accuser had entered into a romantic relationship while he was a track coach at Fraser High School in Fraser, Michigan. Under Michigan law, the age of consent is 16. Further, although Michigan law prohibits school officials from having sex with students regardless of age, the accuser attended a different high school than where Boyd coached.

The girl testified that she and Boyd were in a relationship with Boyd from spring 2006 to fall 2007 and had been in love. She also testified that she believed he was going to leave his wife for her. Based on the nature of the relationship, the court determined that this was a consensual relationship and dismissed the charges.

Often, finding the true motivation behind filing sexual misconduct charges is one of most important components of a successful defense. Broken-hearts, jealously and anger can all lead to filing false accusations of sexual misconduct. Because of the emotional nature of the claims and the potential serious consequences such as potential jail time and having to register as a sex offender, it's crucial you hire an experienced sex crimes attorney to vigorously defend you against any false accusations.

Continue reading "Sexual Assault Charges Dropped Against Former Detroit Lion" »