Articles Posted in Sexual Assault

Approximately three weeks ago, an 18-year-old male hiker was walking at the Highbanks Metro Park in Lewis Center, OH when he was sexually assaulted by an unknown male. The victim claimed that as he was walking, the suspect attempted to encourage him to walk off the trail north of an overlook deck area that was approximately 75 feet away. When the victim became fearful, he began moving away from the suspect, who then pushed him to the ground and assaulted him, according to NBC4.

Kevin Savage, Captain at the Delaware County Sheriff’s Office, told reporters that the park was fairly crowded at the time the assault occurred, which was around 4:30 in the afternoon.

The victim told authorities that the suspect is of Indian descent, had a slight accent, and was wearing black running shorts and a white t-shirt with black vertical stripes. He also described the man as having salt-and-pepper hair, a goatee, and nearly six feet tall, thought to be middle-aged. A composite sketch of the suspect was released shortly after the attack for help with possible identification by the public.

Today, many public parks meant for enjoyment are becoming dangerous. Parks with wooded areas give predators opportunities to sexually assault hikers, runners, and those who are simply enjoying nature. However, there are also occasions on which alleged victims wrongly accuse others of sexual assault. Determining whether someone is innocent or guilty of a sex crime can be a very difficult and involved process.

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Recently, a father and son from Birch Run were charged with the sexual assault of a young female relative. According to news reports at Mlive.com, 66-year-old Juan Cabello Sr. and 41-year-old Juan Cabello Jr. were charged with multiple sex-related counts after allegedly assaulting a relative over a span of five years. The alleged sexual assault began when the girl was younger than 13. 

The two Cabellos were arrested by Michigan State Police on July 17 after prosecutors charged the men with sexually assaulting the young girl beginning in 2008, and continuing through late last year at their Birch Run Township home. Cabello Sr. was charged with two counts of first-degree criminal sexual conduct against someone under the age of 13, and one count of second-degree CSC against a relative age 13 through 16. Cabello Jr. faces two counts each of first- and second-degree CSC against a relative.

The two men pleaded not guilty to the charges against them, and were held on $50,000 bonds ordered by Saginaw County District Judge Kyle Higgs at their July 18 arraignment. The Cabellos are scheduled for a preliminary hearing on July 30.

First-degree criminal sexual conduct is an extremely serious charge, and involves penetration. If convicted, the maximum penalty is life in prison. Individuals who are found guilty of most sex crimes are also required to register for a determined amount of time to life as a sex offender, depending on whether the crime is considered a Tier I, Tier II, or Tier III offense. Being a registered sex offender is often the worst punishment of all for an individual who serves little time behind bars, as it makes finding employment or housing difficult. Society also tends to shun those who are known sex offenders.

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Just over two weeks ago, a Montcalm County man was charged with six felonies in connection with the alleged sexual assault of two females who were 13 and 16 at the time of the assaults, according to news articles at Mlive.com. 33-year-old Jeremy Geselman of Crystal is charged with two counts of first-degree criminal sexual conduct, one count of second-degree CSC, two counts of third-degree CSC, and one count of fourth-degree CSC. If convicted on the first-degree charges, Geselman could spend the rest of his life behind bars as the maximum punishment is life in prison.

According to Montcalm County Sheriff William Barnwell, Geselman was apprehended after the two alleged victims came forward and shared their stories with police. Geselman was arrested while already in jail on other unrelated charges.

Barnwell said that the sexual assaults occurred in 2013, and that one of the alleged victims is a Crystal resident. Because Geselman was already in police custody and the two young women had provided testimony, he felt that the case would be “pretty straightforward.” Barnwell also commended the county prosecutor for speedy turnaround time.

At the time of news reports Geselman remained behind bars on a $100,000 bond. His pre-trial conference was scheduled for July 7. Whether the victims knew Geselman previously and how he came into contact with the young women has not yet been revealed.

Michigan sex crime lawyers know that there are many cases in which innocent individuals are accused of rape, child molesting, and other crimes they did not commit. While people do commit these crimes, those who are falsely accused can have their lives ruined. Depending on the charges and whether the accused is found guilty, penalties can range from a few months in jail to a lifetime behind bars. Even worse for some who spend a few years behind bars is the fact that their reputations are scarred for life, and they may also be required to register as a sex offender for many years or even the rest of their lives.

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Matthew J. Martinez, a 21-year-old Saginaw Township man, is headed to Circuit Court after he allegedly sexually assaulted a girl who is now 17 years old, according to news reports at Mlive.com. Martinez waived his right to a preliminary hearing on February 28 after appearing before Saginaw County District Judge Terry L. Clark.

News reports do not indicate the age of the alleged victim when the sexual assault took place, only that Martinez sexually assaulted her on multiple occasions in Saginaw Township. He has been charged with three counts of first-degree criminal sexual conduct, the most serious sexual offense in Michigan which carries a maximum criminal penalty of life in prison for those convicted.

Martinez may choose to plead guilty, no contest, or accept a plea agreement from prosecutors if offered at Circuit Court; he may also choose to proceed to trial if he maintains that he is innocent. He remains in jail on a $225,000 bond.

Michigan sex crime attorneys know that in cases like this where the defendant and alleged victim are relatively close in age, it is often a case where the victim willingly engages in sexual intercourse. Even so, it is against the law regardless of whether the victim is a willing participant. Sex offenses that involve penetration will leave the alleged offender facing extremely serious consequences if convicted. Not only may the individual face a lifetime behind bars, he or she will also be required to register as a sex offender and face other criminal penalties as well.

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On Friday January 17, Alfidio Benitez Cruz was arrested for alleged sexual assault after his own 4-year-old son was found wandering alone in his Grand Rapids neighborhood. Police responded to Cruz’s home after a passing motorist found his son in the area of Buchanan Avenue and Griggs Street SW, crying for his mother.

According to news reports at Mlive.com, the boy’s mother was taking another child to a hospital, and left the 4-year-old alone at home sleeping. She believed that Cruz would be home from work shortly, according to police. Cruz’ commute was prolonged due to weather conditions. When he made it home approximately one hour after his son had been found by the passing motorist, he was arrested for second-degree CSC on a warrant out of Kentwood involving another child, not his son. The child he is accused of sexually assaulting is a 6-year-old girl who is the daughter of a woman Cruz lived with in April of 2012.

Court documents indicate the girl told authorities that Cruz inappropriately touched her on one occasion, and attempted to get her to touch him; he denied the accusations at first, then admitted that he “may” have touched her as he and the girl were playing. A warrant for Cruz’ arrest was issued in May of 2012.

While Cruz remains jailed on a $2,500, his probable cause hearing is scheduled for January 27.

When it comes to situations involving the alleged sexual abuse of a young child, it’s often difficult to know whether the child has been coerced by adults into saying things that are not true, or perhaps even seen similar situations on television which lead them to make up stories. Certainly there are young children who are victims of sexual assault, but there are also many individuals who are innocent of the accusations against them who are ultimately convicted and sentenced to time behind bars.

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Ashley Poe, a 19-year-old Ann Arbor resident, was recently sentenced in the Washtenaw County Trial Court to 10 to 15 years in prison for allegedly sexually assaulting an “at-risk runaway,” according to news reports at Mlive.com. Poe pleaded guilty; she allegedly assaulted the boy just two weeks after her release from jail for a similar offense.

In November, Poe accepted a plea deal in which her status as a habitual offender and one of the two counts of third-degree criminal sexual conduct would be dismissed. The defendant allegedly assaulted a male victim who was between the ages of 13 and 16 at a residence in Ann Arbor in September. Poe had been released just two weeks earlier after serving a one year term for a separate offense involving the sexual assault of two victims, a 13-year-old female and 14-year-old male. According to a police report, the victims in this case were part of a group of runaways. Poe maintains that while she did have sex with the 14-year-old boy underneath an Ann Arbor bridge in July of 2012, she did not force him.

In the plea agreement for the current offense, Judge Archie Brown would not agree to a sentencing agreement.

Poe also pleaded no contest in the September 2012 case, having one count each of second- and third-degree CSC and accosting a child for immoral purposes dismissed in exchange for her plea to two additional counts of assault with intent to commit second-degree CSC.

Sexual assault is a serious crime that is punished harshly in the state of Michigan. Depending on the circumstances and whether penetration is involved, those accused may face up to life in prison if convicted of first-degree CSC, the most serious sex crime of all. While several years or even life behind bars is something no one wants to face, other punishment is often just as devastating. Those accused often face a ruined reputation and career, even the deterioration of relationships. Those required to register as sex offenders remain under a stigma for life, usually shunned by society. Being labeled a sex offender creates many hardships and may impact where an individual may live, or even work.

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In June of this year, 47-year-old William P. Reehl of Bay City allegedly raped a woman after the two, who had met a couple of days earlier, went to a Monitor Township motel to get high on crack. The alleged victim said that she had been “clean” for several months, and that she did not consent to having sex with Reehl. The defendant is facing several charges including unlawful imprisonment, possession of a narcotic or cocaine fewer than 25 grams, and four counts of first-degree criminal sexual conduct causing injury.

The 34-year-old woman testified in court that she met up with Reehl at his home on June 5.. The two then went to a motel, where she said that Reehl began smoking crack rock from a pipe. She alleges that he then became aggressive, and that he would not let her leave. She also alleged that Reehl forced her to smoke the cocaine, and that she suffered injuries. Eventually the victim ran from the room after grabbing her clothes and began walking in the direction of her home. A woman picked her up and drover the victim to her home, then called 911 after Reehl allegedly called her house phone. She was taken to McLaren By Region Hospital and claimed to have multiple bruises.

News articles at Mlive.com state that the defendant was shaking his head in disagreement throughout the woman’s testimony.

Reehl was scheduled to go on trial October 22, however Bay County Circuit Judge Joseph K. Sheeran adjourned the trial date, rescheduling it for March of next year. In the meantime, Reehl will submit to drug testing and will wear an electronic monitoring device after the judge released him on a personal recognizance bond.

First-degree criminal sexual conduct is the most serious of all sex-related offenses, leaving the accused to potentially face life in prison if convicted. In this situation, it is difficult to know what really happened considering the alleged victim had been a drug addict and went to the motel room with the defendant willingly. Perhaps if Reehl has been falsely accused his attorney will be able to dig through to the truth and have his client found not guilty of the charges.

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On Thursday July 11, Jackson County Circuit Judge Thomas Wilson sentenced William Lindemeyer to 14 to 30 years in prison after the defendant pleaded no contest to third-degree criminal sexual conduct in May. Lindemeyer allegedly sexually assaulted a girl who was 9 years old at the time, forcing himself on the victim 20 to 40 times according to a news article at Mlive.com.

In June of 2012, Lindemeyer was charged with four counts of first-degree criminal sexual conduct, however prosecutors dropped the charges when the defendant pleaded no contest. Because of this, the alleged victim did not have to testify.

Apparently Lindemeyer lived with the young girl and her mother, who has since had her parental rights terminated. In April of 2012, a complaint was received by Children’s Protective Services regarding the alleged sexual assault.

News reports also claim that the young girl contracted the sexually transmitted disease Chlamydia, although Lindemeyer’s attorney argued that the disease was transmitted to the girl by someone else. Court records do indicate that a second man who is now in prison for CSC in a separate case also sexually assaulted the girl. An aunt is now in charge of caring for the girl and her 12-year-old brother.

The children’s father allegedly physically abused and tortured the children, losing parental rights long ago. Court records indicate that the girl’s mother was aware of the sexual abuse inflicted by Lindemeyer, but was afraid of him and therefore did not report the abuse to law enforcement.

Michigan sex crime attorneys are fully aware that there are individuals who are literally monsters and who do horrible things to children. However, there are many cases in which innocent people are accused of doing unthinkable things to others, often charged with serious crimes they did not commit.

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Tyler D. Hardy, an 18-year-old Buena Vista Township man, has been charged with raping a 13-year-old girl in the mobile home park where he and the alleged victim live. If convicted, Hardy could face life in prison.

Hardy and the young girl live in the Robin Glen Mobile Home Community according to Buena Vista Police Detective Sgt. Greg Klecker. Hardy allegedly raped the victim in the mobile home park on June 4, according to a news article at Mlive.com. The suspect was charged with first-degree criminal sexual conduct causing personal injury, and third-degree CSC against someone ages 13 through 15. Klecker stated that Hardy denied the charges, but that the girl’s injuries supported the case.

A plea of not guilty was entered on Hardy’s behalf by Saginaw County Chief District Judge M. Randall Jurrens at Hardy’s arraignment hearing on June 11. He is being held without bond, and is scheduled for a preliminary hearing on June 24 before District Judge Kyle Higgs Tarrant.

In the state of Michigan, engaging in a sexual act with anyone under the age of 16 is considered a felony offense. Even when an individual who is underage agrees to sexual relations, it may leave an alleged offender facing serious criminal charges as minors who are younger than 16 cannot legally consent to any form of sexual activity.

Known as statutory rape, this sexual offense is considered criminal sexual conduct. First-degree CSC is the most serious of all sex-related offenses, and may leave the accused facing up to life in prison if convicted. Third-degree criminal sexual conduct carries potential prison time of up to 15 years. All allegations of sexual misconduct should be taken very seriously by those accused.

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On March 15, 76-year-old Dervin Mood was convicted by an Oakland County jury on a charge of third-degree criminal sexual conduct; Mood was on federal probation for child pornography at the time. Now it has been revealed in a news article at AnnArbor.com that Mood will go on trial for five charges of CSC in Washtenaw County. These charges stem from incidents which allegedly occurred at his home in Ypsilanti.

The criminal sexual conduct charges against Mood in both Oakland and Washtenaw County are related to the same victim. News articles state that the man has mental health issues, including Asperger’s syndrome. He was assaulted by Mood according to prosecutors at the age of `12, 15, 16, and 19 in a time period that spanned from 2003 to 2011.

Mood is a former child care provider and school teacher who was on federal probation for possessing child pornography when charged with CSC in Washtenaw County. Oakland County Prosecutor Jessica Cooper stated in news articles regarding last month’s conviction that Mood would likely be sentenced to 51 to 106 months in prison. Now, Mood will again go on trial in Washtenaw County; his trial date is scheduled for April 29.

While it wasn’t revealed how the current allegations would affect Mood’s federal probation, Cooper said it was bound to in some way. The federal charges were related to child pornography found on Mood’s computer, along with diary entries and recordings.

Whether for first-, second-, or third-degree criminal sexual conduct, Michigan sex crime attorneys know the penalties are harsh – and the damage done to the accused individual’s future and reputation cannot be undone. Being required to register as a sex offender is perhaps the worst penalty of all, as the consequences can last a lifetime. Career and employment opportunities may be affected, not to mention the stigma that follows the individual around like a black cloud.

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