Sex Crimes

October 30, 2012

Michigan Man Pleads Guilty to Having Sex With 12-year-old West Virginia Girl

In March of this year, 33-year-old Ashlee Liebert of Whitmore Lake was caught with a young girl in a car in Buffalo, W. Virginia along Cross Creek Road according to Putnam County Sheriff’s Department Sergeant Alan Savilla. Savilla told news reporters at the time that as he approached the car, he observed the suspect was totally naked and raising up above what he believed to be a girl who was approximately 10 to 12 years old. She was naked from the waist down, according to Savilla.

Liebert was arrested at the time and charged with third-degree sexual assault along with sex abuse by a parent or guardian. At the time of the arrest, investigators did not collect DNA evidence. Liebert’s attorney Duane Rosenlieb scolded investigators for failing to collect evidence, saying that any DNA evidence was now completely unavailable as he questioned detectives in the case.

According to news reports, Liebert and the young girl met online while playing “World of Warcraft.” Over a five month period, the two allegedly developed a relationship which led to the meeting in W. Virginia. Police claim that Liebert confessed to having met other girls on the Internet.

On Monday October 29th Liebert pleaded guilty to traveling to W. Virginia to have sex with a minor. Liebert entered his plea in Huntington federal court according to federal prosecutors. In a search of Liebert’s home in March, videos of minors engaging in sexual acts and hundreds of images were found according to officials.

Liebert is scheduled to be sentenced on February 11. According to the FBI website, Liebert will be sentenced by United States District Judge Robert C. Chambers, and faces a $250,000 fine and up to 30 years in prison.

Michigan sexual assault attorneys understand that the penalties for those convicted on sexual assault charges are severe. While substantial fines and prison time are extremely harsh, perhaps the requirement to register as a sex offender is worst of all. Registered sex offenders lose their privacy, employment opportunities and the freedom to choose where they live.

October 4, 2012

October 15 Deadline to Report for Tier 3 Sex Offenders

by Scott Grabel

Michigan State Police are reminding Tier 3 registered sex offenders that October 15th is the deadline to report in person to a state police post, sheriff’s office or other local law enforcement agency in order to verify address of residence. This is a requirement for Tier 3 offenders, which includes offenders considered the most serious who must remain on the sex offender registry for life.

According to the Michigan Sex Offenders Registration Act, Tier 3 offenders who fail to verify their addresses during the time periods required will be penalized by up to two years incarceration. Tier 3 offenders are required to verify their address on a quarterly basis, and must do so during the first 15 days of January, April, July and October.

In addition, any time a sex offender (whether Tier 1, Tier 2 or Tier 3) changes address, switches jobs, enrolls in a college or university, changes name or vehicle, or Internet identifiers, these changes must be reported within 72 hours (3 days) of that change. If you fail to report this information, it is considered a felony which is punishable by up to 4 years in prison.

The15-day address verification period for Tier 3 offenders began on October 1st. Those who do not comply by October 15th may be arrested under the Sex Offenders Registration Act. Law enforcement agencies do conduct address checks on a random basis to verify that sex offenders are in compliance. Even during the course of a traffic stop or any contact with law enforcement, violators may be arrested.

Tier 1 sex offenders are required to verify address only once each year, during the first 15 days of January.

Tier 2 sex offenders are required to verify address twice each year, once during the first 15 days of January, then again during the first 15 days of July.

Michigan sex crime defense attorneys know the serious and often life-changing impact being required to register as a sex offender means for those convicted of sexual offenses. Where you live, work, or even go to college can be affected; you will likely be treated with disgust by those in your community.

September 26, 2012

Pontiac Woman Allegedly Raped and Dumped in the Street

by Scott Grabel

A 39-year-old Pontiac resident claimed that she was raped and then dumped into the street by her alleged attackers recently. On Friday September 21, deputies were dispatched around 11 p.m. to Shirley and Lois Streets following reports that a woman had been sexually assaulted.

The woman told EMS personnel that she had been raped by two men before being dumped in the street. Neighbors in the area did not recognize the alleged victim, and it was not clear at the time of the incident where the attack actually took place. One woman whose identity was not released said that “a lady was just laying in the middle of the street and another lady was walking by and a car stopped, so we all ran outside.” The unidentified woman said she wanted to do what she could to help the alleged victim.

The woman also said that she could not tell whether the victim had bruises or other injuries because of the fetal position she was lying in. She ultimately called 911 after taking the victim’s pulse, then waited with her until the ambulance arrived on the scene. The alleged victim was transported by ambulance to St. Joseph Mercy Hospital for treatment. News reports also stated that a rape kit was completed.

No description or other information regarding the suspects has been released by the Oakland County Sheriff’s Office, although they continue to look for leads. Investigators said only that the alleged victim was clearly upset, and reluctant to give a statement; they offered no further comments on the case.

Michigan sex crime lawyers understand the seriousness of these types of charges, and that victims can be injured not only physically, but emotionally as well. Frequently however, false accusations are made. An alleged victim may cry rape after consensual sexual relations. In cases like this, it is essential that you have an experienced Michigan rape defense attorney who will fight aggressively to protect your reputation and freedom.

September 17, 2012

13-Year-Old Alleged Rape Victim Claims He May Know Attackers

by Scott Grabel

Recently, a 13-year-old fifth grade student at Wayne Elementary in Detroit claims that he was snatched from the school and then raped. Now, the unidentified boy says he may know the two men who attacked him, according to Detroit police, who say the incident “does not appear to be a random act.” In a press release issued September 13th by the department’s public information office, it is revealed that the alleged victim may have known the male suspects.

News reports say the boy alleged that he was taken by two men, one black, one white, and driven to a home nearby in a green pick-up. At the home, the victim claims he was assaulted in a structure described as shed-like in the backyard. The boy’s mother told the Associated Press that the boy has seen the men before around the neighborhood and therefore could identify them, but that he does not know them.

An eyewitness, 42-year-old Lawrence Snider, said that around 2 p.m. on Wednesday he saw the boy wearing his school uniform shirt and underwear as he “wobbled” down the street, and that he was not wearing shoes. According to Snider, when he asked the boy what happened he said he had been raped.

The alleged victim’s mother told reporters that hospital discharge papers state that he was sexually assaulted. He also received shots for protection against sexually transmitted diseases according to his mother.

Relatives claim that the boy has had behavioral issues at Wayne Elementary, where he was transferred this fall. Steve Wasko, school district spokesman, said that all allegations are taken very seriously by the school district.

The victim’s grandmother told news reporters that the boy said he on his way to his classroom from the school’s office when he saw someone outside the doors which he assumed was a parent; he then opened the doors which are not to be opened by anyone but school teachers/officials.

Charges of rape are extremely serious. Often times DNA testing is performed; “he said, she said” testimony is also common in these types of cases. Because the penalties are severe for those convicted, it is paramount that you have a skilled an aggressive Michigan sex crime defense lawyer on your side if you have been accused of rape.

September 12, 2012

Following Sexual Assault, Neighborhood Association Leader Calls on Area Residents to Make Southwest Grand Rapids Safer

by Scott Grabel

Recently, a 21-year-old woman was allegedly sexually assaulted by two teens who are believed to be 13 to 15 years of age, according to police. The attack took place around 9:30 p.m. on Monday as the alleged victim was walking near Fulton Street and Valley Avenue. Now Mary Bueche, South West Area Neighbors Association crime prevention leader, is calling for residents’ assistance in making the community a safer place.

Bueche was startled not only that such a violent offense would occur in the neighborhood, but by the suspects’ ages as well. Bueche was also concerned that such a crime would occur early in the evening, as opposed to well after midnight.

News reports stated that the alleged victim was approached by the two teens who attempted first to initiate conversation, then assaulted her both physically and sexually. Bueche said that the area is open to college students and renters, and that it becomes easy for neighbors to go about life essentially oblivious to what is going on around them, not reaching out to neighbors. She hoped that neighbors would help in the effort to begin breaking down barriers and consider things that may make the area safer, such as leaving porch lights on.

Earlier this summer residents in a home near the area where Bueche is employed were robbed and assaulted by a group of men, resulting in the rape of one woman and pistol whipping of another individual. Police were able to make arrests quickly in this case; Bueche hopes for the same outcome in this case.

While Michigan sex crime defense attorneys understand that those living in areas where a crime that is sexual in nature allegedly occurs causes worry and anxiety, we also know that those accused are often innocent of the offenses they are accused of.

September 5, 2012

Detroit Police on Lookout for Sexual Assault Suspect

by Scott Grabel

A 43-year-old Detroit woman was allegedly sexually assaulted in May of this year according to news reports. Now, Detroit police are requesting help from the public in locating a suspect in the assault. Police believe the man is in his 30s, approximately 5′ 10″ tall and weighing about 160 pounds. He is described as having a medium brown complexion and black wavy hair; he was last seen wearing black pants, a red t-shirt and a black hooded shirt. Reports are conflicting as some indicate the suspect was wearing blue painter’s pants.

According to news reports the incident took place on May 16th of this year when the suspect allegedly forced the woman in to a white 1990s model Pontiac Grand Prix. The suspect then drove the woman to the area of Lahser and Fenkell, where it is alleged he sexually assaulted her. He was also said to have been armed when the assault occurred.

Detroit police are asking anyone who may know or have information about the suspect to call the department’s Sex Crimes Unit at 313-596-1950.

Michigan sexual assault defense attorneys understand the seriousness of these types of crimes. In most cases, sexual assault will be charged more specifically by prosecutors under criminal sexual conduct; if convicted, you may face substantial time behind bars and be required to register on the Michigan Public Sex Offender Registry. Being labeled a “sex offender” will negatively affect many areas of your life, including your career and/or employment opportunities.

In addition, a crime that is committed in conjunction with the accused being in possession of a firearm is considered felony firearm. This means that an individual who is accused of committing a crime such as sexual assault will face at least two additional years in prison on top of the sentence handed out for the underlying crime.

August 30, 2012

Former Lansing Pediatric Dentist Convicted of Sexual Assault of a Child

by Scott Grabel

A former Lansing pediatric dentist, 65-year-old Dr. Wendell Racette, was convicted on August 24 on 15 counts of criminal sexual conduct for the sexual assault of a child who was a patient more than 10 years ago. Racette was found guilty of 10 counts of second degree CSC and 5 counts of first-degree CSC. He now faces up to life in prison.

Racette had an office located in Lansing at East Saginaw Street at the time the assaults occurred, according to news reports. Prosecutors alleged that the boy had been sexually assaulted several times by Racette between 1996 and 2000. The victim, who is now 22 years old, was between the ages of 5 and 10 when he was sexually assaulted.

The former dentist was put on trial for the charges in December of 2011, however it ended in a hung jury. Racette went before Judge William Collette at the Ingham County Circuit Court in that trial. News reports stated that it took the jury less than a day to reach the guilty verdict in the second trial.

Chris Bergstrom, Racette’s attorney, was surprised at the verdicts and said they were “just really disappointed.” Bergstrom said the defense team would talk with Racette about the options. He also said that he questioned the victim’s credibility, as he had a history of being untruthful.

Several other former patients testified regarding their experiences in Racette’s office. Two former female patients alleged that Racette had fondled them while they were teenage or younger. Another testified that Racette had told her, “If you ever do that again, I will rip your teeth out” after she had attempted to leave the room to get her mother.

Michigan criminal sexual conduct defense attorneys understand the seriousness of being convicted on charges of sexual assault against a child. However, there are frequently occasions on which an innocent individual is accused, and unfortunately many innocent people spend time behind bars.

August 27, 2012

Sex Offender Requirements Becoming More Personal; Addresses of Registered Sex Offenders in Midland County Verified

by Scott Grabel

Recently, Midland County sheriff’s deputies conducted address verification of registered sex offenders across the county. The process began on August 7th and was completed on August 23rd. These checks are conducted four times each year; there were 161 homes checked by deputies in the county, and no violations were found. According to Michigan State Police, offenders are required by the Michigan Sex Offenders Registration Act to verify their address once at the beginning of each quarter, within the first 15 days of January, April, July and October.

Michigan sex crimes defense lawyers know this is just one of the requirements you face as a convicted sex offender. This is why it is essential that when you are accused of or arrested for rape, possession of child pornography, sexual assault or any sex-related offense, you consult with an attorney immediately. Your lawyer will work diligently to protect your legal rights and prevent a conviction when possible.

Registry reporting requirements are also becoming more personal. Now, many individuals who are registered sex offenders must register information which includes email addresses, social media accounts like Facebook and Twitter, and all telephone numbers where the offender may be reached including home, cell and work numbers. Why is it necessary for those registered to provide such personal information? Police claim that having all of this knowledge allows them to contact an offender quickly; however, Michigan sex crimes attorneys know this also allows police to closely monitor your every word and perhaps intended actions.

Based on the seriousness of the crime committed, perceived danger to the public and risk of repeat offenses, sex offenders are determined to be a level 1, 2 or 3 offender. If you are convicted of a level 3 offense, you will be required to register as a sex offender for the remainder of your life.

May 20, 2012

Court Of Appeals Reject Victim’s Past Sexual History With Defendant To Show Consent

by Scott Grabel

A recent 6th circuit case has the potential to impact sexual assault cases in Michigan. In Gagne v. Booker, the Court of Appeals reviewed the legal doctrine called the “rape shield law.”

The “rape shield” law provides that defendants in rape cases are not allowed to introduce evidence of an alleged victim’s sexual history as evidence that the person consented to the sexual behavior.

If you have been charged with any Michigan sex crime, it is important to contact an aggressive Michigan sex crimes attorney right away to begin preparing your defense.

Here, the defendant was charged with forcing his ex-girlfriend to engage in group sexual activities. The case turned on whether the girlfriend had consented to these acts. Gagne was barred from presenting evidence the girlfriend had previously willingly engaged in group sex based on Michigan’s rape shield law.

A lower court determined that Gagne was deprived of his right to a fair trial under the Sixth Amendment, and his conviction was overturned.

The Court of Appeals reversed, determining that Gagne had no right to present this evidence. However, this decision was not unanimous. Two judges dissented, with Judge Raymond Kethledge arguing that the Michigan rape shield law allows an exception for evidence of a victim’s prior sexual activity with the defendant. He further noted that the woman had engaged in virtually identical sexual behavior with the defendant and another man and this is a “critical difference in a rape trial in which the only issue was consent and the stakes ran as high as 45 years in prison.”

April 8, 2012

Preliminary Hearing Delayed For Saginaw Teens Accused Of Criminal Sexual Conduct

by Scott Grabel

Michigan news reports that a Saginaw County criminal sexual misconduct preliminary hearing has been delayed. The case involves two teenaged boys arrested for allegedly engaging in sexual activity with a 14-year-old girl while the three were in highschool together at Saginaw Township’s Heritage Highschool.

The two are charged with third degree criminal sexual conduct (CSC), as well as conspiring to commit third degree CSC. Third-degree criminal sexual conduct is a felony and involves some form of penetration. The arrest warrants state that the boys were engaged in sexual acts other than intercourse.

If you have been charged with any form of criminal sexual conduct, contacting an experienced Michigan sex crimes law firm immediately to protect your interests and begin preparing your defense is crucial.

Michigan criminal law, MCL 750.520d, Criminal Sexual Conduct (CSC) in the third degree
provides:

(1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if … that other person is at least 13 years of age and under 16 years of age.

Third degree CSC is considered a Michigan felony and a conviction carries a maximum penalty of 15 years in prison. The conspiracy charge carries the same penalty.