Sex Crimes

March 22, 2012

Michigan Teacher/Student Sex Legislation Passes

The Michigan Senate has just approved a new teacher/student sex provision aimed at expanding prohibitions against sex between school employees and students. The legislation passed by the Senate in a 36-2 vote Tuesday makes it a crime for school employees such as administrators and teachers to have sex with students, even if the student is 18 or older.

Currently, Michigan law sets an age of consent in such cases at 18.

MCL Section 750.520d Criminal sexual conduct in the third degree, felony, 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 any of the following circumstances exist:

e) That other person is at least 16 years of age but less than 18 years of age and a student at a public school or nonpublic school, and either of the following applies:

(i) The actor is a teacher, substitute teacher, or administrator of that public school, nonpublic school, school district, or intermediate school district.

Individuals charged with having sex with a student face a potential conviction for 3rd degree sexual assault, which is a felony punishable by imprisonment for not more than 15 years.

If you hare facing charges for any Michigan sex crime, consulting with an experienced Michigan criminal defense law firm is important to begin preparing your defense.

The issue of the age of consent – especially among older students and teachers has received a lot of attention recently, with several high profile cases in the news.

For example recently a Macomb County substitute band teacher was involved in a sexting scandal and accused of having sex with one student. In Bay County a Bay City substitute teacher is accused on having sex with three 17-year-old students. A crucial issue in each of these cases was the age of consent. As a result of the new legislation, even more relationships between students/school workers – even where the school workers are volunteers and the activity occurs during the summer months – will come under scrutiny and potentially be subject to criminal charges.

March 13, 2012

Website Raises Questions About What Is Considered Prostitution In Michigan

by Scott Grabel

A local website is under investigation as a conduit for prostitution. SeekingArrangement.com is a website that is designed to bring men and women together. According to news reports, because men pay women cash for their time, the site has come under fire as really providing “high-tech hookers.”

The women on the site deny charges of prostitution. Many are young college students who use money earned on the dates to pay for room and board, tuition and books at colleges across the counts including the University of Michigan, Michigan State University, Oakland University and Wayne State University. Women interviewed on the site explain that money is exchanged for spending time together – not for a sexual relationship. If you have been charged with solicitation or prostitution, it is important to consult with a Michigan prostitution defense attorney immediately to begin preparing your defense.

Prostitution is generally defined as the exchanging of sex for money and is against the law in the State of Michigan. Michigan law, MCL 750.448 provides that soliciting prostitution is crime, and 750.449 provides that engaging services for purposes of prostitution is also considered a crime. Individuals convicted more than once of prostitution can face increased penalties. In addition, the performance of a sexual act, with a prostitute or otherwise, in public is considered gross indecency. Each offense carries with it the penalties of jail-time, mandatory testing for sexually transmitted diseases, the social stigma associated with the commission of these offenses, the potential to have any vehicle used in the commission of any of the above acts forfeited to the state as a nuisance, and registration as a sex offender under the Michigan Sex Offender Registration Act.

February 29, 2012

Berrien Springs Pastor Given Jail Time For Fourth Degree Criminal Sexual Conduct

by Scott Grabel

Michigan news reports that a Berrien Springs massage therapist and former pastor has pleaded guilty to two counts of fourth-degree sexual assault. The Berrien County sex crime charges stem from an incident where Johan Albert Abrahams of St Joseph allegedly inappropriately touched a woman’s breast and thigh. WSBT news reveals that Berrien County Trial Judge Scott Schofield has sentenced the man to 90 days in jail, 90 days tether, five years probation, as well as requiring Abrahams to pay restitution and fines and costs. He must also register as a Michigan sex offender.

If you are under investigation for any sex crime, consulting with a knowledgeable sex crimes defense lawyer in Michigan immediately is important to begin preparing your defense.

Criminal sexual conduct (CSC) in Michigan is a generic term referring to sex crimes such as rape, statutory rape, and child molestations. CSCs are divided into 4 categories, and a conviction of any level may significantly impact your freedom and your future. Michigan law divides CSCs into the following categories:
• 1st Degree CSC: Criminal sexual conduct first degree involves some sort of penetration of the alleged victim is sometimes referred to by a layperson as rape.
• 2nd Degree CSC: Criminal sexual conduct second degree involve touching of a sexual nature of an intimate body part without some form of penetration.
• 3rd Degree CSC: Criminal sexual conduct third degree is sometimes referred to by the lay person as statutory rape and involves some sort of penetration of the alleged victim.
• 4th Degree CSC: Criminal sexual conduct fourth degree involve touching of a sexual nature of an intimate body part without some form of penetration.

January 20, 2012

FBI Changes Definition Of Rape

by Scott Grabel

Central Michigan Life news reports that the Federal Bureau of Investigation’s (FBI) Uniform Crime Unit has recently changed its definition of forcible rape to include males as victims, updating the definition and bringing it more in line with Michigan’s model law.

The new law does not distinguish between genders and defines rape as: “Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”

Previously, the FBI had defined rape as only a crime against women, classifying rape as the “carnal knowledge of a female forcibly and against her will.”

Since 1975 however, Michigan has had a more broader model law and recognizes various types of sexual conduct as criminal, including touching or other contact, as well as penetration with a breast, genital or buttock as a sex crime. The FBI’s new definition is more narrowly focused than Michigan’s, making only penetration a sex crime.

If you have been charged in Michigan with any form of sexual contact, it is important to speak with a Michigan sex crimes defense attorney immediately to begin preparing your defense. Because Michigan’s law is so broad many situations involving sexual conduct may lead to a sex crimes investigation and charges being filed. Consulting with a sex crimes defense lawyer in Michigan right away may be a crucial first step in protecting your future.

December 13, 2011

Michigan Supreme Court Allows “Constitutionally Defective” Witness Screen Ruling In Allegan County To Stand In People v. Rose

by Scott Grabel

The Michigan Supreme Court has ruled against hearing an appeal from a sexual-assault trial where a screen was used to block a witness from seeing the man accused. At issue is whether the placement of the screen deprived the defendant of his constitutional right to confront his accuser.

In a brief statement, the Supreme Court simply noted that it is “no longer persuaded that the questions … should be reviewed.” However the significant constitutional issues raised by the used of the screen remain.

Here Ronald Rose, a western Michigan man faces at least 25 years in jail after being convicted of sexual assault in a 2008 trial. Rose was accused of showing pornographic pictures to his wife’s 8-year-old sister and brother, and sexually abusing the girl. During the trial the one-way screen was used to keep the 8-year-old from seeing Rose. However, the screen was not used when another young witness testified. The screen – rather than providing a legitimate means to protect juveniles who may be anxious about testifying in court – was more like a theatrical prop – “the most prejudicial thing he’d ever seen in a criminal trial,” stated Rose’s Michigan sex crimes defense lawyer Scott Grabel.

The U.S. Constitution provides many protections designed to ensure criminal defendants are given a fair trial. One of these protections is the 6th Amendment, which provides that a defendant is entitled to be confronted with the witnesses against him. Where a minor is involved, MCL 600.123 provides alternative procedures for presenting child witness testimony, while accounting for the accused’s constitutional rights. Using a screen is not one of those procedures expressly permitted. Here, Rose was denied his constitutional right to confrontation and deserves a new trial.

December 2, 2011

U.S. Supreme Court To Hear Argument On How DNA Evidence Is Introduced In Rape Trials – Williams v. Illinois

by Scott Grabel

The U.S. Supreme Court is set to hear argument next week in a case involving the confrontation clause of the Sixth Amendment. The confrontation clause generally provides the right of an accused to “confront” a witness testifying against him or her at trial by way of cross-examination. In Williams v. Illinois, a case involving rape and DNA evidence, the court will review whether an accused’s constitutional rights to confront his accuser are violated when a laboratory analyst testifies at trial about DNA results when the analyst didn’t actually perform the testing.

How this case is decided case will have a significant impact on Michigan criminal trials including rape and other sex crimes. Often, DNA evidence is used to either identify or rule out a potential suspect in a crime. How this evidence is presented at trial may be a crucial factor in whether a defendant is found guilty or innocent. If you are under investigation for a Michigan sex crime, it is critical to speak with an experienced Michigan sex crime lawyer who can immediately begin investigating your matter and in the event of a trial, provide a vigorous defense.

In Williams, the Illinois State Police Laboratory sent biological evidence to be tested at a Maryland lab. The accused was arrested for a separate crime and submitted to a blood test. His DNA matched the DNA profile generated from the Maryland Lab. At trial an Illinois lab analyst testified about the DNA match, but admitted that she didn’t participate in any of the testing in Maryland and that her conclusions were based on an independent review. Williams was subsequently convicted of rape. Illinois higher courts affirmed this ruling, determining that because the lab analyst could be cross-examined and lab report itself was not submitted into evidence, the confrontation clause was not violated.

However, previous case law over the last few years has strongly debated the question of whether the lab analyst who performs a test – such as a DNA test or a blood alcohol test – must be present to testify. In 2004 in Crawford v. Washington, the court determined that prosecutors may not use statements from witnesses who are not available to testify, even where the statements are reliable. This determination has been applied to lab reports. In 2009 in Melendez-Diaz v. Massachusetts, the court noted, “Confrontation is designed not only to weed out the fraudulent analyst, but the incompetent one as well. Serious deficiencies have been found in the forensic evidence used in criminal trials.”

November 3, 2011

Senate Bill 596 Seeks To Criminalize Consensual Sex Between Students And School Employees

by Scott Grabel

A bill making it through the Michigan state Senate seeks to expand laws making prohibiting sex between school employees and students. If passed Senate Bill 596 would make consensual sex between school employees – including teachers and administrators – to have sex with students even if the student is older than 18. The law would apply even in those instances of consent, ostensibly to prevent a school employee from taking advantage of a student.

Specifically, Senate Bill 596 would amend MCL 750.520(d) and (e) to provide:

(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 any of the following circumstances exists:
(e) That other person is at least 16 years of age and IS a student at a public school or nonpublic school and either of the following applies:

(i) the actor is a teacher, substitute teachers, or administrator…”

Under current law, teenagers can willingly “consent” to sex after the age of 16. Where the person is an authority figure, the age of consensual sex is 18. The new law seeks to eliminate any age limit – making it illegal for school staff to have consensual sex even with students above the age of 18.

Recently, a substitute teacher was charged with third degree sexual conduct for having sex with 3 17-year-old boys during the summer months.

Sex crime charges are serious and have the potential to negatively affect your future, requiring potential jail time, registration on the sex crimes registry and even creating a long-lasting public stigma.

October 14, 2011

Reverse Ypsilanti Prostitution Sting Leads To Arrest Of 6

by Scott Grabel

Ypsilanti news reports that police have arrested 6 men for allegedly soliciting prostitution as part of a sting conducted in Ypsilanti and Ypsilanti Township last week. The arrests were part of Enforcement Against Street Walking in Ypsilanti (E.A.S.Y.), a program aimed at eliminating the root causes of prostitution. Law enforcement, elected officials and the judicial system have all joined together in this anti-prostitution effort. Sources indicate that at least 5 additional prostitution arrests have been made in that area since May.

In fact, police in Washtenaw County, as well as Wayne, Oakland and Kalamazoo have a reputation for setting up “stings” to lure unsuspecting, law-abiding individuals to solicit a prostitute. As part of the sting, police dress up as prostitutes and arrest individuals who allegedly approach them for their sexual services. Solicitation and prostitution are both illegal – and if arrested for either, individuals face tough penalties and fines. If a second offense occurs, convictions carry with them increased penalties. An experienced Michigan prostitution defense attorney is necessary to fight the charges.

Potential penalties include, but are not limited to:

• Civil forfeitures of property, including your car
• Sexually transmitted disease testing
• Registration as a sex offender under the Michigan Sex Offender Registration Act

September 20, 2011

Quincy Board of Education Hears Comments Regarding Branch County Teen Accused Of Criminal Sexual Conduct

by Scott Grabel

In a teen criminal sexual conduct case that has received national attention, the Quincy Board of Education met yesterday to determine whether a 17-year-old Quincy High School senior accused of statutory rape may continue playing on the varsity football teen. The 17-year-old has not been convicted of any sex crime.

Whenever an individual is under investigation for or accused of a sex crime, speaking to an aggressive Michigan sex crimes defense lawyer immediately is critical to protect your reputation and begin preparing a vigorous defense. Sex crimes charges often create a social stigma – stirring up communities and debate – even before the allegations have been investigated and you’ve had a chance to defend yourself. A knowledgeable sex crimes defense law firm can get to work right away to safeguard your rights.

Here, the youth was charge with third degree criminal sexual conduct, sometimes referred to as statutory rape. CSC 3rd degree involves some sort of penetration of the alleged victim, but is a lesser crime than 1st degree criminal sexual conduct (also referred to as rape) or 2d degree criminal sexual conduct. Although all the facts and circumstances of this case are unknown, teenage sex cases often involve harsh consequences and unjust results. Many times, the conduct of two teens involved in a consensual relationship turns into criminal sexual conduct charges where one of the teens is older than 16 and one is younger. Even if the person under 16 years of age says yes, if the partner is older, he or she may be charged with statutory rape. A conviction of statutory rape carries harsh consequences – up to 15 years in jail.

July 7, 2011

Michigan Sex Registry Changes Effective July 1 Require More Information

by Scott Grabel

Thanks to much needed legislative changes, the Michigan Sex Offender registry will be adding new information concerning those individuals listed on the registry in an effort to provide a more complete picture of each person – including new information about employment, vehicle information and email addresses. News reports that the effort to implement the new sex offender verification procedures is tying up law enforcement agencies – requiring two to three times more staff than usual.

If you are required to have your name placed on the Michigan sex crimes registry, it is important to contact an experienced Michigan sex crimes registry attorney to ensure you meet all required guidelines. Although some additional effort may be required to comply with the new law, in the long run the new system is intended to provide a more accurate reflection of each individual’s risk – providing more freedom of movement to those grouped as less serious offenders.

In addition to providing registry information such as vehicle and employment information, sex offenders are required to have palm prints on file with the Michigan State Police to be forwarded to the Federal Bureau of Investigation, as well as all social media account, screen names and passwords.