Michigan Sex Crime Attorneys Blog

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 Previously, an individual whose license was revoked after a conviction for a CSC was able to see reinstatement five years later.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.

Continue reading "Governor Snyder Signs Sex Offender Licensing Bill" »

A Michigan Court of Appeals has ruled that new testimony may be heard in the sexual assault case of Lorinda Swain. Swain is seeking a new trial on sexual assault charges after being convicted by a jury in 2002 of first-degree criminal sexual conduct involving her son. Criminal sexual conduct is a generic term referring to a group of sexual crimes including rape, sexual assault, statutory rape and child molestation. Each degree of criminal sexual conduct offense carries with it different penalties, with first degree being the most serious.

Since her conviction in 2002, Swain has sought to overturn her conviction after discovering new evidence not raised at trial. This past week, a three-judge panel found that lawyers from the University of Michigan's Innocence Clinic should be allowed to present this additional evidence to Calhoun County Circuit Court Judge Conrad Sindt.

Sex crimes charges are serious, and a conviction for criminal sexual conduct can have a significant impact on your future and your freedom. If you have been charged with a Michigan sex crime, it is important to speak with an aggressive Michigan sex crimes defense attorney immediately to begin preparing your defense. Where you have been convicted of a sex crime, a Michigan sex crimes appeals attorney can determine whether appealable issues exists and review the trial record to ensure your side of the case was fully and effectively presented before the jury and weaknesses properly exposed.

Here, several issues were raised on appeal - including the discovery of new, exculpatory evidence.

Continue reading "Lorinda Swain Wins Right To Present More Evidence In Quest To Overturn Sexual Assault Conviction in State of Michigan v. Swain " »

In a teen criminal sexual conduct case that has received national attention, the Quincy Board of Education met yesterday to determine whether a 17-year-old Quincy High School senior accused of statutory rape may continue playing on the varsity football teen. The 17-year-old has not been convicted of any sex crime.

Whenever an individual is under investigation for or accused of a sex crime, speaking to an aggressive Michigan sex crimes defense lawyer immediately is critical to protect your reputation and begin preparing a vigorous defense. Sex crimes charges often create a social stigma - stirring up communities and debate - even before the allegations have been investigated and you've had a chance to defend yourself. A knowledgeable sex crimes defense law firm can get to work right away to safeguard your rights.

Here, the youth was charge with third degree criminal sexual conduct, sometimes referred to as statutory rape. CSC 3rd degree involves some sort of penetration of the alleged victim, but is a lesser crime than 1st degree criminal sexual conduct (also referred to as rape) or 2d degree criminal sexual conduct. Although all the facts and circumstances of this case are unknown, teenage sex cases often involve harsh consequences and unjust results. Many times, the conduct of two teens involved in a consensual relationship turns into criminal sexual conduct charges where one of the teens is older than 16 and one is younger. Even if the person under 16 years of age says yes, if the partner is older, he or she may be charged with statutory rape. A conviction of statutory rape carries harsh consequences - up to 15 years in jail.

Continue reading "Quincy Board of Education Hears Comments Regarding Branch County Teen Accused Of Criminal Sexual Conduct" »

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" »

A recent article in the Detroit Free Press underscores the injustice of Michigan's Sex Offender Registry and the continuing red-tape that affects individuals whose name are on the list. According to the article, Justin Fawcett - a 17-year-old Bloomfield Hills student - had to register after having consensual sex with another student.

Fawcett was distraught due to the impact placement of one's name on the sex crime registry can have - it may impact job opportunities, where you may live, the ability to obtain student loans, as well as carrying a significant social stigma. Fawcett killed himself shortly after he was required to register.

Although the sex crimes registry law was initially intended for sexual predators, many nonviolent offenders such as Fawcett were included on the list. Thankfully, significant amendments recently have been made to the sex registration law. However in law enforcement's attempt to implement the changes, substantial red tape exists. The Free Press reports that Fawcett's family just received a letter informing them that Justin's name would be removed from the public list, despite the fact that he died 7 years ago. The letter underscores the complicated process required to get your name off the list. If your name is on the list, an experienced Michigan sex crimes registration defense attorney can help.

Continue reading "Sex Offender Registry Red-Tape And Injustice Continues For Nonviolent Offenders " »

Bay City news reports that a Midland woman - Heidi L. Lewis - has been bound over for trial on six charges of third degree criminal sexual conduct. Lewis had served as a substitute teacher at Bay City Highschool and allegedly had sex with three 17-year-old boys in the summer months following her stint as a sub while the regular teacher was on medical leave.

Criminal sexual conduct is a generic term referring to sexual crimes - criminal sexual conduct first degree and criminal sexual conduct third-degree involve some form of penetration, with first degree sometimes referred to by lay people as "rape" and third degree as "statutory rape."

If you have been charged with any form of criminal sexual conduct it is critical to contact an experienced Michigan criminal sexual conduct defense lawyer immediately to protect your rights and your future.

Here, the alleged conduct occurred after school was out for the summer and with boys generally above the age of consent. The age of consent though is raised to 18 where the incident involves a student and teacher, substitute teacher or administrator of the school the student attends.

Continue reading "Bay City Substitute Teacher Charged With Third Degree Criminal Sexual Conduct" »

Effective July 1, teenagers who have mutually agreed upon sex with a younger teen will no longer be automatically listed on Michigan's sex crimes registry. However, in certain circumstances your teen may still face placement of his or her name on the list. This includes situations such as where the age difference between the teens is more than four years and if allegations exist that sex was coerced.

Previously, teens involved in so-called "Romeo and Juliet" relationships faced having their name listed on the registry for 25 years.

With the new sex crimes registry law in place, teens as well as adults whose names were placed on the list for teenage sexual relations may contact an experienced Michigan sex crimes defense lawyer to petition for removal and to clear their name.

The revised law is a welcome change. The intent of the registry was to advise the public concerning predators but has unfairly grown and expanded to include people whose actions may reflect questionable choices, but are not hardened criminals. Listing often has life-long negative consequences, affecting the direction of a one's life. Having your name of the registry impacts where you live, your employment and even your choice of schools.

Continue reading "New Law Will Keep Teens Off Sex Crimes Registry" »

A recent Grand Rapids investigation into just whose name is on the Michigan sex offender registry and whether those people are really predators revealed some disturbing statistics.

The Michigan Public Sex Offender Registry (PSOR), which is designed to inform the public about "sexual predators" in their neighborhood, places anyone who is convicted of a Michigan sex offense on the registry. Nearly 1900 names from Kent County alone are on the list. Once on the registry, a person's name may be there for several years to life.

If you have been charged with any Michigan sex crime, it is crucial to contact an experienced sex crimes defense lawyer to provide a vigorous defense and keep your name off the list.

While some people who are the list could be considered "predators" and dangerous, many others are not. As stated in the Target 8 investigation "[w]ith few details about why a sex offender is on the list, it's difficult to determine who might be a predator and who is not a danger."

In fact, many youthful offenders' names are placed on the list after having consensual sex with another teen. In one case, a 17 year old was convicted of statutory rape of a 15 year-old-girl who had consented to the encounter. His name will remain there for 25 years, well after completion of his 2-year probation sentence. He continues to suffer daily set backs as the result of his listing - including not being able to get into the military, not being able to find work, and not being able to be involved in after-school activities with his sons.

Continue reading "Michigan Sex Offender Registry Investigation Reveals Inconsistencies And Injustice" »

A recent case involving a Central Michigan University student highlights the long-term and often unjust consequences of statutory rape and sexual misconduct laws on teens. News out of Saginaw and Mount Pleasant reports that a 19-year-old man from Isabella County's Union Township faces a potential 4-year prison sentence after failing to notify law-enforcement that his name was on the Michigan sex offender list.

David Cheatham was forced to place his name of the sex offender registry when he was just 14 as the result of a conviction for second-degree criminal sexual conduct (sexual touching an intimate body part) with a person under the age of 13. The consequences of this one act, engaged in by a 14 year-old, continue to affect Cheatham's daily life. Now, as a college student trying to improve his life and continue his education, he faces jail instead.

Continue reading "CMU Student Faces Jail Sentence For Failure To Notify Mount Pleasant Officials Of Sex Offender Status" »

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 recent editorial in the Detroit Metrotimes calls for the abolition of the Michigan Sex Crimes Registry - calling the registry "a half-baked noble idea that was rushed into law in Lansing - and turned into something dangerously bad." Michigan's registry is similar to "Megan's Laws," which were implemented around the country after Megan Kanka, a New Jersey girl was raped and murdered by a man with a history of convictions for sex crimes who lived across the street. Megan's Law requires that persons convicted of sex crimes against children notify law enforcement of changes of address and employment for long periods of time, often 25 years to life.

However Michigan's sex registration law is more severe, requiring people of all types of "sex crimes" to register, providing drivers license pictures and addresses. As the article points out, not only are violent offenders listed, but also 16-years-olds who have sex with their 15-year-old boyfriend or girlfriend, those who sext, and those arrested for indecent exposure - such as public urination.

Once your name is on the registry, it may be hard to get a job, attend a college of your choice or live wherever you like.

In addition to the inequity and arbitrariness of the registry, studies have shown that it doesn't act as a deterrent to crime. A New Jersey study revealed that the registry had no effect on reducing sexual offenses.

Continue reading "Michigan Sex Offender Registry Needs Reforming" »

In the wake of the recent tragedy resulting from a teenage sexual encounter in Huron Township, legal experts are saying that Michigan's criminal sexual conduct laws should be reconsidered. Using felony offenses to punish an older teenage boy against a younger teenage girl (and vice versa) makes bad public policy.

The Huron Township case involves sex between a 14-year-old girl and an 18-year-old boy. Initially, the girl indicated it was consensual, then recanted and said she had been raped. By law, however, 14 year-old is not able to "consent" despite his or her willing participation in a sexual encounter. After receiving intense ridicule at school, the girl committed suicide.

This case has brought the issue of teen sex and Michigan criminal sexual conduct laws to the forefront. The reality is that teens live in a highly sexually society, with significant numbers of teens engaged in sexual relations and sexting. Treating these behaviors as felonies, with the result mandatory registration on the Michigan sex crimes registry, is unjust and disproportionate to the act involved.

A recent article in the Detroit Free Press labeled Michigan's' all-or-nothing legal scheme is "lunacy" - with the boundaries between "perpetrator" and "victim" based on calendar age arbitrary, noting "Some 14-year-old girls are sexually savvy, others are shockingly naïve. Some 18-year-old boys are predatory; and some lack the maturity, or at least the superficial sophistication, of the younger women competing for their attention."

Continue reading "Michigan Sex Crimes And Teens " »

The Detroit News reports that criminal sexual charges were dismissed against an 18-year-old Huron High School senior after the alleged victim committed suicide. This case underscores many issues raised in criminal sexual conduct cases, especially statutory rape cases involving "Romeo/Juliet" romances.

Here, a teenage boy - a senior - allegedly had sexual relations with a freshman girl. After her mother reported the act, the boy was charged with a single count of third degree sexual conduct. Both students returned to the same highschool and were to have no contact with each other. However, tensions escalated after the girl's mother was identified by news media and made a statement on camera. The boy then responded through the use of social media to protect his reputation.

In Michigan, many people are falsely accused of and wrongfully charged with committing sexual offenses because the law only requires an allegation be made. Often, little physical or other supporting evidence exists supporting the charges. Further, where a relationship is involved, these allegations often hinge on contradictory he said/she said testimony. Determining the true motivation for making the accusation of sexual misconduct is one the key elements to a successful defense.

Continue reading "Huron Township Rape Charges Dismissed" »

According to the Detroit News, a Wayne County jury has found a Detroit minister not guilty of all charges stemming from an arrest for alleged statutory rape.

A 16-year-old boy alleged that the minister had sex with him no less than three times when he was only 15. Michigan's age of consent is 16. The law does not require any criminal intent to prove statutory rape, simply that a person under 16 years of age engaged in sexual relations with an adult.

Because an individual may be convicted of a criminal sexual conduct offense without any physical evidence of an assault or other supporting evidence, it is crucial to hire an aggressive defense attorney if you have been charged with statutory rape or any other criminal sexual conduct charge.

Often, finding the true motivation for making the accusation of sexual misconduct is one of the most important components of a successful defense. Here, evidence presented at trial revealed that the alleged victim and another man made up the stories of sexual relations as revenge against the pastor, a man known for taking troubled teens into his home.

Continue reading "Wayne County Jury Acquits Pastor Of Statutory Rape" »

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" »