On Monday March 10, 25-year-old Joshua A. Kara of Pinconning was sentenced to one year in jail after pleading no contest to the sexual assault of his girlfriend’s teenage daughter, according to news reports at Mlive.com. Upon his release from jail, Kara was ordered to serve five years of probation.
Kara was charged with one count of second-degree criminal sexual conduct with an incapacitated victim and one count of fourth-degree CSC with a victim between the ages of 13 and 16. He pleaded no contest to the charges in January of this year.
In exchange for his no contest plea, prosecutors agreed to drop one count of first-degree criminal sexual conduct and one count of third-degree CSC, which both involve penetration and are more serious offenses than those Kara pleaded to.
Kara pleaded no contest to the charges due to the fact that he was intoxicated at the time of the incident, and has no memory of it according to his defense attorney, Matthew Reyes. A mistrial was declared last August when a jury found Kara not guilty of assault with intent to commit sexual penetration; however, the jury could not agree on the three remaining charges.
The incident allegedly took place in September of 2012 when a Pinconning woman said she was awakened by her daughter’s 13-year-old friend pounding on her door. The girl alleged that her mother’s boyfriend (Kara) had sexually assaulted her, and that she woke up to him taking off her clothes and fondling her. The girl claimed that she left the room and ran to the friend’s home.
Upon speaking to the alleged victim’s mother, deputies learned that she and Kara had come home around midnight after going out to a bar. She had no idea anything was going on until another daughter woke her up and informed her that police were at the door.
When deputies arrived at the girl’s home, Kara was sleeping. He said that he was at a loss for words, and that after arriving home from the bar, he had simply given his girlfriend’s daughter a hug goodnight. At trial, Kara maintained that he was innocent of the allegations against him.
Michigan sex crime attorneys know just how easy it is for someone to be wrongly accused of inappropriate sexual behavior. In this case, the defendant admitted he had been intoxicated and did not remember anything. There are instances in which teenage children may be jealous of a parent’s boyfriend or girlfriend, or simply do not like them. It is all too easy for someone to claim sexual assault, although it may be absolutely true in this case. However, it is not difficult to see how innocent people may find themselves behind bars, serving time for a crime they did not commit.
If you have been accused of rape, child molestation, or any type of inappropriate sexual conduct, consult with a highly experienced Michigan sex crime defense lawyer at once. You must take action to protect your freedom and avoid criminal penalties.