Sex Crimes

October 22, 2010

Michigan Sex Offender Sweep Underway

Beginning this week, Michigan State Police will conduct a two week sex offender sweep with the intended purpose of locating sex offenders who have failed to verify their addresses.

Pursuant to the Michigan Sex Offender Registry Act (SORA) individuals convicted of crimes of a sexual nature are forced to register as a sex offender. The type of offense dictates for how long an individual must keep his or her name on the list.

Further, SORA requires individuals to keep this information current, including verifying addresses 4 times a year and updating addresses within ten days of moving. The reporting requirements are too complex for most individuals to understand, and to keep up-to-date on as time passes. Unfortunately though, the penalties are harsh for those who fail to meet all the specific reporting requirements and can result in additional fines and incarceration.

Often because of an oversight or innocent mistake, individuals fail to check-in. “Sweeps” like the one in progress occur to track down offenders and determine why someone has failed to register and often, impose additional penalties.

October 6, 2010

U.S. Supreme Court Hears Argument Regarding Damages To Victims For Erroneous Placement On Sex Offender Registry

by Scott Grabel

The U.S. Supreme Court heard testimony on Tuesday in a nightmarish tale underscoring the devastating effect sex crimes allegations can have on individual’s reputation and livelihood. In Los Angeles County v. Humphries, a California couple seeks to recover damages against L.A. County for the failure to remove their names from a list of known or suspected child abusers after they had been found innocent of any crime.

In Humphries, the accuseds’ 15-year-old daughter stole the family car from her father and mother in California and ran away to Utah, to live with her biological mother and stepfather. The teen told her family in Utah she had been sexually abused for months. The police placed the California parents’ names on the Child Abuse Central Index, a sexual offenders registry. After further investigation, no evidence was found and the parents were declared “factually innocent,” cleared of all charges. However, Los Angeles County failed to remove their names, citing a lack of procedure to do so. Even after receiving a court order to destroy the records, the County kept their names on the list.

The Humphrieses subsequently brought charges against the County, alleging due process violations and asserting the right to recover damages.

The federal appeals court determined that the Humphrieses were entitled to damages. CNN reports, however, that the Supreme Court appeared “split,” questioning whether this is a state or local issue, and how to address the constitutional violation.

Apart from the obviously critical legal arguments, this case illustrates the havoc that can result from the combination of false accusations and overzealous law enforcement officials. The Humphrieses’ lives have been turned upside down, they’ve lost job opportunities, income and had their reputations tarnished – despite a determination of innocence, the damage continues.

July 8, 2010

Sex Offenders May Permanently Lose Medical Licenses

by Scott Grabel

Any one convicted of rape in Michigan may soon permanently lose their medical license. According to News Channel 3 out of Lansing, the Michigan House of Representatives has just passed a bi-partisan package that would forever strip people convicted of criminal sexual conduct of their medical licenses. This includes doctors, dentists and nurses and would apply to first, second or third degree criminal sexual conduct.

Presently, Michigan law allows those convicted of criminal sexual conduct who lose their license to reapply after 5 years. If the recent legislation passes the Senate, those convicted will lose this crucial second chance.

Too often those accused of sex crimes make serious mistakes at the very beginning of an investigation when confronted by the police regarding allegations of sex crimes. Often, individuals accused don’t believe a matter is serious or that particular allegations are credible so they freely discuss a case without first consulting with a skilled criminal defense attorney.

However, allegations of criminal sexual misconduct and possible convictions are very serious matters and carry with them significant consequences. Law enforcement officers understand this and are not there to help you – and may even use trickery and deception to illicit and incriminating statement, which may undermine your ability to defend against potential charges.

Not only will a conviction carry with it potential jail time and placing your name on the sex crimes registry, but Michigan continues to up the ante – with colleges denying entrance to those with prior sex crimes convictions and now potentially barring those convicted of sex crimes from practicing their chosen profession.

June 17, 2010

Ypsilanti Police Arrest Suspect In Alleged Sexual Assault of EMU Student

by Scott Grabel

On Monday, a man was arrested in the alleged sexual assault of an Eastern Michigan University student. The student reported that she woke up to find the man on top of her with a knife. He allegedly raped her and then fled. He is now being charged with first-degree criminal sexual assault.

In Michigan, criminal sexual assault or conduct (CSC) is divided into four categories. First-degree criminal sexual conduct is commonly referred to as rape by lay people, and third degree is statutory rape. Second and fourth degree criminal sexual conduct offenses include sexual touching without penetration. All criminal sexual conduct offenses are considered felonies. If convicted, you could face serious consequence including prison sentences and having to place your name on the sex crimes registry.

Because of the way sex crimes laws are written, many people are falsely accused of and wrongfully charged with committing sex crimes when little or no evidence exists. Further, those accused of a sex crime often make a serious mistake at the beginning of a case by speaking to law enforcement officers without an attorney present when they think a matter isn’t serious or lacks credibility.

April 15, 2010

Grand Rapids Homeless Sex Offenders File Suit Seeking Shelter

by Scott Grabel

According to the Grand Rapids Press, a lawsuit has been filed on behalf of four homeless individuals with criminal convictions for minor sex offenses to allow them to stay in homeless shelters. The suit was filed in the Ingham County Circuit Court before the State asked to move it to the U.S. District Court. The case was prompted after a homeless man was found frozen to death in a salvage yard after being turned away from an emergency shelter. The man, Thomas Pauli, was listed on the sex crimes registry and as a result, was banned from staying in a shelter because it was located within a school zone.

The recent matter seeks an injunction preventing prosecution for those homeless sex offenders who need “a safe place to stay at night.” The case seeks to clarify whether homeless sex offenders on the registry can have access to emergency shelter. Earlier this year, the Michigan Court of Appeals determined that homeless sex offenders did not have to place their names on the sex crimes registry, based in part on the fact that being homeless necessarily means that these individuals have no permanent residence and thus cannot provide a home address.

In Grand Rapids, all emergency shelters are located within school zones and hence, when emergency shelter is necessary, homeless sex offenders are left with the choice of sleeping on the streets and confronting possible life threatening situations such as rape, assault and frigid temperatures or staying in a facility and facing possible prosecution from the State. It places those who are already down on their luck, many with minor convictions, in a no win situation. As the lawsuit states, the ban on staying in a shelter constitutes “cruel and unusual punishment.”

March 17, 2010

Criminal Charges Dropped Against Pittsfield Township Man

by Scott Grabel

Washtenaw County prosecutors dropped criminal charges against a Pittsfield Township sex offender accused of illegally living near a school.

Matthew Freeman, now a 23-year-old man, was arrested and convicted when he was 17 of having consensual sex with his 15 year-old girlfriend. Because his girlfriend was under the age of consent, Freeman was convicted of fourth degree criminal sexual conduct and required to register as a sex offender. Freeman had been in a steady relationship with the girl, but 12 days after he turned 17, the girl’s mother requested Freeman be criminally charged as a way to end the relationship.

Often, finding the true motivation for making the accusation of sexual misconduct is one of the most important components of a successful defense.

As the result of prosecutorial error during the plea hearing, Freeman’s conviction for fourth degree criminal sexual conduct – age of victim, was recorded as fourth-degree criminal sexual conduct involving force or coercion, subjecting Freeman to the school safety zone residency requirement.

Had he been convicted of the safety zone violation, Freeman could face up to a year in jail.

Freeman’s record was corrected early this March, exempting Freeman from the residency restrictions. As a result, prosecutors dropped the pending charges.

For Freeman and his family it’s a bittersweet victory. Freeman’s name still must remain of the Michigan Sex Offenders Registry until August 17, 2028.

March 3, 2010

Michigan College No Longer Admitting Convicted Sex Offenders

by Scott Grabel

According to WNDU local news, Lake Michigan College is no longer admitting people convicted of sex crimes against children and those listed on Michigan’s sex registry.

This broad rule could affect students who pose no threat, especially those convicted on juvenile charges who could benefit most from educational opportunities and a fresh start. In fact, studies show juveniles make up a large percentage on the Public Sex Offender Registry (PSOR).

Under current Michigan law, many non-violent sex offenders must place their names on the registry, sometimes for life. This includes non-violent sex offenders such as juveniles who have been convicted of having consensual, yet underage sex, and those convicted of “sexting,” which in some cases can be a violation of child pornography laws.

As the LMC decision shows, registering on the Public Sex Offender Registry (PSOR) may affect the everyday lives of those individuals forced to register, including the loss of job opportunities, disqualification for obtaining student loans and the freedom to attend certain schools. Often, these results are unfair and unjust, denying opportunities to those who have committed minor offenses.