Sex Crimes

September 18, 2019

What could Michigan’s new proposed House Bill mean for employers and supervisors?

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.

April 26, 2018

Bill Cosby, Larry Nassar and Brian Alexander: Lady Justice is Often Blind

by Bill Amadeo

Larry Nassar

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

September 19, 2016

19-year-old Accused of ‘Sexting’ with 12-year-old

by Scott Grabel

Recently, 19-year-old Brendan Baia, a former student at Central Michigan University, was accused of ‘sexting’ with a 12-year-old girl. According to reports, Baia and the girl had been exchanging messages and photos via their cell phones that were sexually explicit. Police claim to have discovered more than 122 Snapchat messages between the two during the last two weeks of August on the suspect’s computer and cell phone.

Police were contacted by the girl’s mother after she searched through the 12-year-old’s cell phone because her daughter had been acting depressed. Baia has been charged with three counts of committing a crime with a computer, accosting a minor for immoral purposes, distributing child sexually abusive material, and possessing child sexually abusive material.

Baia told the alleged victim’s mother that her daughter told him she would be turning 16 soon. As of September 15, the investigation into the allegations were ongoing; Baia is out on bond.

August 20, 2016

33-year Veteran Louisiana Prosecutor Gets Three Years for Soliciting Sex from Women, Labeled a ‘Sexual Predator’

by Scott Grabel

Recently, 73-year-old Harry Morel Jr., a 33-year veteran prosecutor in St. Charles Parish in Louisiana, was sentenced to three years in prison for allegedly trading sex for leniency in cases he prosecuted. Federal authorities investigated the case for three years before Morel eventually pleaded guilty in April of this year.

Authorities claim Morel is a ‘sexual predator’ who engaged in sexual misconduct for about 20 years with at least 20 difference women, according to the Times-Picayune. News reports reveal that one woman who was facing a DUI charge helped build a case against Morel, an extremely popular man who had been elected as St. Charles Parish’s district attorney for more than 30 years. Even though Morel is accused of giving women charged with crimes favorable treatment in exchange for sex, he hasn’t been charged with any sex crimes, and has been disbarred as he is scheduled to begin serving his prison sentence on September 26.
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August 6, 2016

Former Ingham County Prosecutor Pleads Guilty to Single Felony & Misdemeanor Charges After Paying for Sex

by Scott Grabel

Stuart Dunnings III, the former prosecutor for Ingham County who served for nearly 20 years and began his career as prosecutor in 1997, has pleaded guilty to two charges after 13 of the charges involving patronage of prostitutes over a five year period were dropped in a plea deal.

Initially, Dunnings faced 10 counts of engaging in prostitution, four counts of willful neglect of duty, and a single count of pandering prostitution. According to witness statements, Dunnings paid for YMCA memberships, rent, methadone treatments, and other things in exchange for sex.

While he was Ingham County prosecutor, Dunnings was allegedly soliciting sex with prostitutes while at the same time publicly attacking human trafficking. Now, according to Michigan AG Bill Schuette, Dunnings has pleaded guilty to a single felony misconduct in office charge, and one misdemeanor count of soliciting a prostitute.
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July 29, 2016

Study Reveals Nearly a Quarter of Women Claim to be Sexually Assaulted in College

by Scott Grabel

According to federal campus safety data, in 2014 the colleges and universities with the highest number of rapes on campus were the University of Connecticut and Brown University, a private Ivy League university in Providence, RI. However, sexual assault among college students (whether on or off campus) is a growing problem around the nation.

A survey involving 150,000+ students at 27 universities conducted by the Association of American Universities revealed some very disturbing numbers. What’s not surprising is that in many cases, unwanted sexual contact or even rape occurs when students are under the influence of drugs or alcohol – in other words, incapacitated.

The survey found that 23% of female college students who participated said they had been the victims of unwanted sexual contact, whether it be kissing or touching, or even rape. Almost 11% claimed they were forced into unwanted oral sex or penetration.

June 20, 2016

Differences Between CSC (Criminal Sexual Conduct)

by Scott Grabel

Being charged with sexual assault at any level can be life changing. In Michigan, sexual assault or rape is charged as criminal sexual conduct, or CSC of varying degrees. An individual may be charged with first-, second-, third-, or fourth-degree criminal sexual conduct depending on certain factors such as whether penetration occurred, the age of the alleged victim, and more.

The person charged with CSC may be referred to as the defendant or “actor.” There are certain definitions under Michigan Penal Code Section 750.520a that will help you better understand each degree (1st, 2nd, 3rd, and 4th) as we explain them below.

Actor. The actor, or defendant, is the individual accused of committing CSC.

Intimate parts include the breast, groin, buttock, inner thigh, or primary genital area of an individual.

Sexual penetration includes not only sexual intercourse, but any intrusion by an object or other body part into an opening (genital, anal) and also includes anal intercourse, fellatio, and cunnilingus.

Sexual contact is defined as deliberate touching of someone else’s intimate parts as defined above, regardless of whether those intimate parts are clothed or unclothed.

First- and third-degree criminal sexual conduct (or sexual assault) involves penetration, which second- and fourth-degree CSC (sexual assault) involves only sexual contact.
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June 7, 2016

In re IVAN N. Juvenile Court Law

by Scott Grabel

Ivan N. was 17 years old when he admitted that he had touched his 7-year-old adoptive sister (referred to as the “victim”) by using his penis and hands to touch her genital area numerous times over the period of approximately one year. At 17, Ivan N. was considered a minor; his adoptive parents learned of the sexual abuse (molestation) due to an incident that occurred in the home. In April of 2015, Ivan N. was arrested and charged with two counts of committing a lewd act on a minor under the age of 14; he was arraigned and confined at juvenile hall.

The court dismissed one count after Ivan admitted to one count in May of 2015. He admitted that he molested the victim to get back at his parents, and apologized during an interview for his conduct. Ivan was referred to an outpatient or residential facility following a psychological evaluation, a facility offering therapy and programming for treatment of adolescent male sex offenders. It was determined that Ivan was a person described by section 602 who was subject to probation. The probation department prepared a social study, which recommended Ivan, could receive appropriate treatment at a CBO (community based organization).
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May 14, 2016

Female Sex Offenders

by Scott Grabel

Most people who think of sex offenders automatically believe a male is the perpetrator. The fact is, the incidence of sexual violence or assault involving women who are the offenders is growing. While the tendency to commit sexual crimes can emerge in adolescence, many offenses involving teens or adults go unreported, regardless of whether the alleged offender is male or female.

Approximately 9% of youths report they were the victims of some form of sexual violence in a Growing Up With Media national study in 2010 in which information was collected online. The acts committed against these youths included coercive sex, forced sexual contact, attempted rape, and completed rape. Interestingly, the results of the study found that while males were more likely to commit a sex-related offense against a younger victim, offenses in which females were the perpetrators most often involved victims who were older. Additionally, the study concluded that males tend to commit sexual violence at an earlier age than females, which may suggest different developmental courses.

April 20, 2016

Housecleaning Ad Leads to Accusations of Sexual Assault

by Scott Grabel

A Dearborn man has been charged with attempted sexual assault and fourth-degree criminal sexual conduct after he allegedly lured a woman to an abandoned home through a housecleaning ad in Canton, according to news reports.

The two met in Dearborn, where the woman who was answering the ad got into a vehicle with the man who drove her to a vacant home in Canton and forced her inside. She fought the man off and ran to a neighbor who called 911, while the alleged attacker fled. He was apprehended in Dearborn a few hours later.

As a Michigan sex crimes attorney well known for achieving outstanding results for clients accused of sexual assault, rape, and related offenses, Scott Grabel and the staff of criminal defense lawyers at Grabel & Associates are driven to obtain the best possible outcome for every client the firm represents.