In November, Dr. Horace Davis of Albion was charged with the sexual assault of a girl during a physical exam who was 11 years old at the time. Now those charges have been dismissed, after the alleged victim changed her testimony according to news reports at the Battle Creek Enquirer.
Initially the girl, who is now 14, told authorities that Horace had touched her breasts during a breast exam she did not request, and penetrated her with his finger while she was alone with him in his examination room. On Tuesday, the girl said during a preliminary examination that Davis did not touch her in a sexual manner, and that the entire time she was in the examination room either her mother or a nurse was with her.
Chief Assistant Prosecutor Matt Smith said that there was insufficient evidence against Davis, and that there were inconsistencies in the information the alleged victim provided during her interview at the Child Advocacy Center, police interview, and testimony at the preliminary exam. Smith said that he dismissed the charges against Davis because he could not show that a crime was committed. Davis had been charged with first- and second-degree criminal sexual conduct.
Elbert Hatchett, Davis’s attorney, believes that the girl made up the story in retaliation on behalf of her mother, who had been reported by Davis for obtaining prescription medications fraudulently. Hatchett went on to say that the allegations had injured his client, resulting in patients, pharmacies, and insurance companies backing away, and that his practice has been demolished.
Michigan sex crime defense lawyers know the devastation false allegations of sexual assault can have on accused individuals. Unfortunately, our society tends to assume those who are charged with a crime are guilty until proven innocent. Under the law, anyone charged with a sex crime or any criminal offense is innocent until proven guilty beyond a reasonable doubt. This is just one example of someone being charged with a serious crime that could have left him facing life in prison had he been convicted.
If you have been falsely accused of sexual assault, child pornography or molestation, or any related offense, consult with a highly skilled Michigan sex crime defense attorney immediately.