Articles Posted in Criminal Sexual Conduct

Original Case Details

A Marquette man was convicted of criminal sexual conduct in the second degree for his alleged abuse of his 12-year-old then stepdaughter. The abuse allegedly began about a year after the minor moved from Indiana to Michigan to live with her mother and stepfather (the defendant). The abuse became more frequent and continued until the girl was approximately 15 years old. The defendant subsequently divorced from the girl’s mother and moved on. The girl and her mother moved back to Indiana where the girl told her biological father about the abuse and informed local police, but no investigation resulted. She later confronted the defendant in a Facebook message regarding his sexual abuse. The defendant’s girlfriend saw the message and responded to the young girl asking about the alleged abuse. The girlfriend then contacted the stepdaughter of the defendant’s half-sister about the alleged abuse and learned that the defendant had also had sex with that girl when she was about 14 or 15 years old. The defendant was charged with abusing both girls and the trial court subsequently severed the cases so each case could be tried separately. The trial court, however, allowed “other acts” evidence to come in under Michigan Rules of Evidence (MRE) Rule 403, which resulted in testimony coming in from the other alleged victim at his trial, resulting in a conviction. It is important to note that these offenses were tried some 20 years after the alleged crimes.

The Appeal

Watching the news recently I saw that Michigan State University was fined $4.5 Million for failing to protect the victims in the Larry Nassar case and it got me thinking, I wonder what laws may be changed because of this?

In June of 2019, the criminal case involving Larry Nassar prompted Michigan House Representatives to pass House Bill 4374. For those of you not familiar with the Larry Nassar case, Larry Nassar was a former sports doctor who was sentenced to a great deal of time in prison for numerous counts of criminal sexual conduct while working for Michigan State University and the United States Gymnastics team. Because of his actions while working for the university, House Bill 4374 was proposed and passed in the Michigan House of Representatives.

This bill amends Michigan Compiled Law (MCL 750.483a) to include “a person shall not use his or her professional position of authority over another person to prevent or attempt to prevent the person from reporting a crime listed in section 136b, 520b, 520c, 520d, 520e, or 520g, that is committed or attempted by another person.” By doing so the person is guilty of a misdemeanor punishable by one year or a fine of not more than $1,000, or both.

Today was a big day in the world of criminal law. A hero to many was convicted of a crime that the media focused on and the story is trending across Facebook and Twitter of Bill Cosby being deemed guilty of sexually assaulting Andrea Constand. While many in the #MeToo movement are celebrating a victory, we have to take a step back and analyze just where the future of Criminal Sexual Conduct (CSC) is heading and we have to ask if those accused are facing conviction before the complaint has even been drawn up? We will discuss 3 different situations and break down the concept with commentary and a study of the situation.

I: Bill Cosby

On Tuesday, September 29, a Lubbock, TX man was indicted in an aggravated assault case involving a woman he allegedly abducted on September 9. Tony Price, 59, is accused of sexually assaulting the 59-year-old woman on three occasions in his apartment. He is charged with three counts of first-degree felony aggravated sexual assault, according to news reports.

Price allegedly struck the woman and forced her to perform sexual acts. The next day, the victim convinced Price to take her to pay her electric bill at the Lubbock Power & Light office. While inside the office, the woman got the attention of an off-duty police officer and let him know she needed help. Price fled the scene, and was arrested six days later on September 15. He remains in the Lubbock County Detention Center on a bond of $25,000.

The victim claims that Price kept her against her will, then threatened, beat, and raped her.

On Tuesday, September 22 it was announced that 61-year-old Dr. Farooq Rehman, a neurologist in Old Bridge, NJ, had been charged with the alleged sexual assault of a female patient. Rehman resides in Colts Neck.

According to news reports at CBS and My Central Jersey, Rehman is accused of sexually assaulting a patient in his office during examinations by improperly touching the victim, a 37-year-old woman whose name was not released. The woman alleges this activity occurred during visits to the doctor’s office between August 26 and September 9 of this year, according to the Middlesex County Prosecutor’s office.

Investigators with the Old Bridge Police Dept. began investigating the case after the alleged victim contact police. Rehman has been charged with two counts of criminal sexual contact, and was held on a $100,000 bail at the Middlesex County Adult Corrections Center at last report.