On Tuesday, June 25, a 16-year-old male testified that he was sexually assaulted by 37-year-old Kevin J. Lijewski, owner of GunRunners, after being plied with alcohol. The alleged victim testified that he was molested and raped by Lijewski as the defendant sat listening in a Bay City courtroom.
According to the victim’s testimony at the preliminary examination, he did odd jobs for Lijewski as he lived next door to the gun shop, located at 207 S. Henry St. The teen said that the first incident occurred at Lijewski’s apartment when the defendant invited to boy over for drinks as he was closing up shop for the day. This alleged incident took place in December of 2012; the alleged victim went on to say that there were a few people at Lijewski’s apartment who were hanging out, and that he was supplied whiskey and beer by the defendant. He believed he was the only minor at the apartment, and testified that throughout the evening some of those in attendance partially removed their clothes.
A news article at Mlive.com states that the victim testified that after the others left the apartment, the defendant put on some porn and started making undesired physical advances toward him, resulting in a sexual encounter in Lijewski’s bedroom. Following that evening, the sexual contact continued on through December both at the defendant’s apartment and his business, according to the teen. He admitted that Lijewski had forced him to participate in some of the sexual acts, and that he participated in others willingly. However, he went on to say that he was threatened by Lijewski not to go to police on one occasion.
Lijewski’s defense attorney Jeffrey Rupp said in his cross-examination that there were discrepancies in the victim’s story, that what he had said in court and in a recorded interview with a Nathan Weidner Children’s Advocacy Center forensic interviewer was not consistent. After reviewing the recording of the teen’s interview at Rupp’s request, Bay County Chief District Judge Timothy J. Kelly bound Lijewski over to Circuit Court on two counts of third-degree criminal sexual conduct.
It is often difficult to determine what really happened in situations alleging sexual misconduct, particularly when teens and alcohol/drugs are involved. As all Michigan sex crime lawyers are aware, an individual may be convicted of third-degree CSC if the alleged victim is between 13 and 16 years of age and sexual penetration occurs, according to Michigan’s Penal Code 750.520d.
Regardless of the situation, anyone who is charged with any sex-related offense must consult with an experienced and aggressive Michigan sex crime attorney immediately in order to have the best chance of avoiding serious criminal penalties.