In August of last year, we wrote about Abigail Simon, a 33-year-old former Grand Rapids high school tutor accused of having sex with a 15-year-old male student. Now, Simon’s defense lawyer claims she should not be on trial for charges of first-degree criminal sexual conduct and assaulting a child for immoral purposes, according to a news article at Mlive.com. Simon’s defense attorney, Michael Manley, claims his client is the victim or either a perjurer or a rapist. Manley requested on Friday January 10 that the judge dismiss the case against his client. Judge Paul Sullivan refused Manley’s request.
The alleged victim, a 6′ 3″ 220 pound teen, testified that he forced himself on Simon at an earlier hearing in Grand Rapids District Court. Simon’s attorney also claims that the teen threatened witnesses to the case, and also threatened to kill Simon along with anyone she may be involved with. Simon did not report the sexual encounter and suffered no visible signs of physical abuse, however Manley contends that if she were the victim, this would not be a factor. He asked in court if when a rapist is under the age of consent, did this mean the victim should be charged with CSC. Manley also argued that if the alleged victim did lie about forcing himself on Simon, his testimony was not reliable and he committed perjury.
Christopher Becker, Chief Assistant Kent County Prosecutor, maintained there is evidence that Simon sexually assaulted the teen, saying that “I’ve never had a case where there is a photo of the victim of a rape dressed in lingerie wrapped around her rapist.” Simon allegedly sent sexually provocative photos to the victim. She tutored the teen beginning in 2012 and allegedly had a sexual relationship with him from February through April.
A trial date has not yet been set.
First-degree criminal sexual conduct is one of the most serious criminal charges an individual may face, leaving him or her to potentially spend life behind bars if convicted. Why did the alleged victim in this case say he forced himself on the former tutor? Hopefully the jurors will come to the right conclusion when the case goes to trial.
If you have been accused of rape, sexual assault, or child molestation it is critical to take action to protect your freedom and future. Consult with a highly experienced Michigan sex crime defense attorney immediately.