Michigan Sex Crime Attorneys Blog

May 20, 2012

Court Of Appeals Reject Victim’s Past Sexual History With Defendant To Show Consent

A recent 6th circuit case has the potential to impact sexual assault cases in Michigan. In Gagne v. Booker, the Court of Appeals reviewed the legal doctrine called the “rape shield law.”

The “rape shield” law provides that defendants in rape cases are not allowed to introduce evidence of an alleged victim’s sexual history as evidence that the person consented to the sexual behavior.

If you have been charged with any Michigan sex crime, it is important to contact an aggressive Michigan sex crimes attorney right away to begin preparing your defense.

Here, the defendant was charged with forcing his ex-girlfriend to engage in group sexual activities. The case turned on whether the girlfriend had consented to these acts. Gagne was barred from presenting evidence the girlfriend had previously willingly engaged in group sex based on Michigan’s rape shield law.

A lower court determined that Gagne was deprived of his right to a fair trial under the Sixth Amendment, and his conviction was overturned.

The Court of Appeals reversed, determining that Gagne had no right to present this evidence. However, this decision was not unanimous. Two judges dissented, with Judge Raymond Kethledge arguing that the Michigan rape shield law allows an exception for evidence of a victim’s prior sexual activity with the defendant. He further noted that the woman had engaged in virtually identical sexual behavior with the defendant and another man and this is a “critical difference in a rape trial in which the only issue was consent and the stakes ran as high as 45 years in prison.”

April 8, 2012

Preliminary Hearing Delayed For Saginaw Teens Accused Of Criminal Sexual Conduct

by Scott Grabel

Michigan news reports that a Saginaw County criminal sexual misconduct preliminary hearing has been delayed. The case involves two teenaged boys arrested for allegedly engaging in sexual activity with a 14-year-old girl while the three were in highschool together at Saginaw Township’s Heritage Highschool.

The two are charged with third degree criminal sexual conduct (CSC), as well as conspiring to commit third degree CSC. Third-degree criminal sexual conduct is a felony and involves some form of penetration. The arrest warrants state that the boys were engaged in sexual acts other than intercourse.

If you have been charged with any form of criminal sexual conduct, contacting an experienced Michigan sex crimes law firm immediately to protect your interests and begin preparing your defense is crucial.

Michigan criminal law, MCL 750.520d, Criminal Sexual Conduct (CSC) in the third degree
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 … that other person is at least 13 years of age and under 16 years of age.

Third degree CSC is considered a Michigan felony and a conviction carries a maximum penalty of 15 years in prison. The conspiracy charge carries the same penalty.

March 22, 2012

Michigan Teacher/Student Sex Legislation Passes

by Scott Grabel

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 27, 2011

Lorinda Swain Wins Right To Present More Evidence In Quest To Overturn Sexual Assault Conviction in State of Michigan v. Swain

by Scott Grabel

A Michigan Court of Appeals has ruled that new testimony may be heard in the sexual assault case of Lorinda Swain. Swain is seeking a new trial on sexual assault charges after being convicted by a jury in 2002 of first-degree criminal sexual conduct involving her son. Criminal sexual conduct is a generic term referring to a group of sexual crimes including rape, sexual assault, statutory rape and child molestation. Each degree of criminal sexual conduct offense carries with it different penalties, with first degree being the most serious.

Since her conviction in 2002, Swain has sought to overturn her conviction after discovering new evidence not raised at trial. This past week, a three-judge panel found that lawyers from the University of Michigan’s Innocence Clinic should be allowed to present this additional evidence to Calhoun County Circuit Court Judge Conrad Sindt.

Sex crimes charges are serious, and a conviction for criminal sexual conduct can have a significant impact on your future and your freedom. If you have been charged with a Michigan sex crime, it is important to speak with an aggressive Michigan sex crimes defense attorney immediately to begin preparing your defense. Where you have been convicted of a sex crime, a Michigan sex crimes appeals attorney can determine whether appealable issues exists and review the trial record to ensure your side of the case was fully and effectively presented before the jury and weaknesses properly exposed.

Here, several issues were raised on appeal – including the discovery of new, exculpatory evidence.