With the confirmation of Justice Brett Kavanagh to the United States Supreme Court and the testimony of Dr. Christine Blasey Ford being displayed across our television screens and Google, we have to ask ourselves, as a society, is there a line in the sand when it comes to the accusation of rape? While the words of Dr. Ford garnered praise from many across the country, others have been disturbed that the allegations made against Justice Kavanagh are over from 36 years ago. While there is a political divide on this issue, the topic of rape (CSC) allegations and the punishment of forcing a defendant to register as a sex offender (SORA) have presented a major dilemma in the state of Michigan as our state has the toughest penalties for this offense. To gain insight on the topic, we asked top criminal lawyers their thoughts.
Scott Grabel is the founder of Grabel and Associates and has developed a team that is known as the strongest criminal defense firm in the state of Michigan. When asked about the issue of SORA and how the effects are within the state of Michigan, Grabel stated, “About a year ago, the United States Supreme Court ruled on the severity of the issue in the state of Michigan. Many in the legislature wanted to actually expand SORA to make it retroactive. There is no question that SORA is over-inclusive. It’s not fair that an 18-year-old kid that has consensual sex with his 15-year-old girlfriend is going to face prison time and be labeled as a sex offender because he or she will be placed on the same list as a 50-year-old pedophile that is trying to prey on children. While the intent of the legislature may be to protect society, they have actually created more victims with the current legislation.”
Matthew McManus is the Managing Member of Ann Arbor Legal in Ann Arbor, Michigan and his firm has started to garner a great deal of national attention for their results in criminal law. When asked about SORA, McManus stated, “The statute of limitations being expanded certainly changed the game. Now, somebody can say they were raped decades ago and can be convicted with no physical evidence and even have their bond pulled when a plea deal is made. The rules of evidence are extremely relaxed on this issue and it seems that the law favors the prosecution when the case begins. While we have to respect that the prosecution has a job to protect society there also has to be some limitations. It’s terrifying that someone could be charged with a crime from decades ago with little substantiation. When we look at the United States Supreme Court confirmation of Brett Kavanagh, we have to look at it from two different aspects. The first is that if Dr. Ford is telling the truth than Justice Kavanagh is someone that we probably do not want on the bench as one of the 9 most powerful jurists in the world. Alternatively, the allegation is 36 years old. Can we really charge someone with an allegation from that long ago? If this were Michigan, Justice Kavanagh could be facing the potential of being on the registry. I’m not sure how to feel about that?”