Michigan Sex Crime Attorneys Blog

October 14, 2011

Reverse Ypsilanti Prostitution Sting Leads To Arrest Of 6

Ypsilanti news reports that police have arrested 6 men for allegedly soliciting prostitution as part of a sting conducted in Ypsilanti and Ypsilanti Township last week. The arrests were part of Enforcement Against Street Walking in Ypsilanti (E.A.S.Y.), a program aimed at eliminating the root causes of prostitution. Law enforcement, elected officials and the judicial system have all joined together in this anti-prostitution effort. Sources indicate that at least 5 additional prostitution arrests have been made in that area since May.

In fact, police in Washtenaw County, as well as Wayne, Oakland and Kalamazoo have a reputation for setting up “stings” to lure unsuspecting, law-abiding individuals to solicit a prostitute. As part of the sting, police dress up as prostitutes and arrest individuals who allegedly approach them for their sexual services. Solicitation and prostitution are both illegal – and if arrested for either, individuals face tough penalties and fines. If a second offense occurs, convictions carry with them increased penalties. An experienced Michigan prostitution defense attorney is necessary to fight the charges.

Potential penalties include, but are not limited to:

• Civil forfeitures of property, including your car
• Sexually transmitted disease testing
• Registration as a sex offender under the Michigan Sex Offender Registration Act

September 20, 2011

Quincy Board of Education Hears Comments Regarding Branch County Teen Accused Of Criminal Sexual Conduct

by Scott Grabel

In a teen criminal sexual conduct case that has received national attention, the Quincy Board of Education met yesterday to determine whether a 17-year-old Quincy High School senior accused of statutory rape may continue playing on the varsity football teen. The 17-year-old has not been convicted of any sex crime.

Whenever an individual is under investigation for or accused of a sex crime, speaking to an aggressive Michigan sex crimes defense lawyer immediately is critical to protect your reputation and begin preparing a vigorous defense. Sex crimes charges often create a social stigma – stirring up communities and debate – even before the allegations have been investigated and you’ve had a chance to defend yourself. A knowledgeable sex crimes defense law firm can get to work right away to safeguard your rights.

Here, the youth was charge with third degree criminal sexual conduct, sometimes referred to as statutory rape. CSC 3rd degree involves some sort of penetration of the alleged victim, but is a lesser crime than 1st degree criminal sexual conduct (also referred to as rape) or 2d degree criminal sexual conduct. Although all the facts and circumstances of this case are unknown, teenage sex cases often involve harsh consequences and unjust results. Many times, the conduct of two teens involved in a consensual relationship turns into criminal sexual conduct charges where one of the teens is older than 16 and one is younger. Even if the person under 16 years of age says yes, if the partner is older, he or she may be charged with statutory rape. A conviction of statutory rape carries harsh consequences – up to 15 years in jail.

August 24, 2011

Wayne County Judge Removes Detroit Man From Sex Offender Registry

by Scott Grabel

Detroit News reports that a Wayne County judge has removed a man’s name from the sex crimes registry after he successfully petitioned the court. Kenneth Thornberry, now 26, went to prison in 2005 as the result of having consensual sex with his girlfriend of two years. He was 18 and she was 14-years-old at the time.

Under Michigan law, minors under the age of 16 cannot legally “consent” to having sex despite the fact that he or she may be a willing participant in the sexual activity. In fact, many incidents of alleged statutory rape occur in “Romeo/Juliet” type relationships, where teen boyfriends and girlfriends engage in sexual activity without any criminal intent to commit sexual assault. A charge of statutory rape is classified as criminal sexual conduct third degree and is a serious felony, carrying with it significant consequences if convicted.

If you or someone you love has been charged with statutory rape, it is critical to contact an experienced Michigan sex crimes defense attorney immediately to protect your future and begin preparing your defense.

Here, Thornberry was convicted of criminal sexual conduct and spent 6 years behind bars. His name was also placed on the Michigan Public Sex Offender Registry. Having to register of the sex crimes registry can affect your everyday life and your future, potentially impacting where you live, work, go to school and the types of government programs you qualify for.

July 7, 2011

Michigan Sex Registry Changes Effective July 1 Require More Information

by Scott Grabel

Thanks to much needed legislative changes, the Michigan Sex Offender registry will be adding new information concerning those individuals listed on the registry in an effort to provide a more complete picture of each person – including new information about employment, vehicle information and email addresses. News reports that the effort to implement the new sex offender verification procedures is tying up law enforcement agencies – requiring two to three times more staff than usual.

If you are required to have your name placed on the Michigan sex crimes registry, it is important to contact an experienced Michigan sex crimes registry attorney to ensure you meet all required guidelines. Although some additional effort may be required to comply with the new law, in the long run the new system is intended to provide a more accurate reflection of each individual’s risk – providing more freedom of movement to those grouped as less serious offenders.

In addition to providing registry information such as vehicle and employment information, sex offenders are required to have palm prints on file with the Michigan State Police to be forwarded to the Federal Bureau of Investigation, as well as all social media account, screen names and passwords.

June 3, 2011

Kent County Rape Conviction To Be Reviewed Due To Unfair Jury Pool

by Scott Grabel

Grand Rapids news reports that the Michigan Supreme Court will review the trial of a man convicted of a raping a woman at gun-point. In 2002, a Kent County jury convicted Ramon Bryant for an alleged rape and armed robbery he committed at age 16.

However, as the result of computer glitch the jury pool only included one black. The constitution guarantees individuals the right to trial by a jury of your peers. Here, the Supreme Court will consider whether the disproportionate number of non-black jurors to black jurors deprived Bryant of this right.

If you have been charged with a Michigan sex crime, it is important to contact an experienced Michigan sex crimes defense lawyer to provide a vigorous defense and protect your constitutional rights.

The computer glitch occurred between 2001 and 2002. A juror selection program identified too few jurors from certain zip codes that had high minority populations. Although no one has the right to have the jury made up of one particular group, the jury must represent a fair cross section of the community. The glitch – even if unintentional – may have created an unfair jury pool, resulting in an unfair conviction.

May 19, 2011

West Michigan Woman Granted New Hearing In Sex Abuse Case

by Scott Grabel

After hearing testimony from Calhoun County prosecutors and representatives from the Michigan Innocence Project, Calhoun County judge Conrad Sindt granted Lorinda Swain a new hearing on charges she sexually assaulted her son nearly ten years ago.

If you have been charged with any Michigan sex crime, it is critical to contact an experienced Michigan sex crimes defense lawyer to protect your future and your freedom.

Here, Swain was convicted of molesting her son based primarily on her son’s testimony. Swain denied the allegations, and her son repeatedly recanted his testimony, but she was still convicted. News reports indicate that several other witnesses who could have helped establish her defense were never called by her former attorney, including the failure of Calhoun County detectives to tell Swain’s former attorney about testimony from her boyfriend that the incident never happened.

Based on claims of new information and ineffective counsel, Swain is seeking a new trial.

April 28, 2011

New Law Will Keep Teens Off Sex Crimes Registry

by Scott Grabel

Effective July 1, teenagers who have mutually agreed upon sex with a younger teen will no longer be automatically listed on Michigan’s sex crimes registry. However, in certain circumstances your teen may still face placement of his or her name on the list. This includes situations such as where the age difference between the teens is more than four years and if allegations exist that sex was coerced.

Previously, teens involved in so-called “Romeo and Juliet” relationships faced having their name listed on the registry for 25 years.

With the new sex crimes registry law in place, teens as well as adults whose names were placed on the list for teenage sexual relations may contact an experienced Michigan sex crimes defense lawyer to petition for removal and to clear their name.
The revised law is a welcome change. The intent of the registry was to advise the public concerning predators but has unfairly grown and expanded to include people whose actions may reflect questionable choices, but are not hardened criminals. Listing often has life-long negative consequences, affecting the direction of a one’s life. Having your name of the registry impacts where you live, your employment and even your choice of schools.

March 25, 2011

Ingham County Jury Finds Michigan State Trooper Not Guilty Of Rape

by Scott Grabel

According to the Lansing State Journal, Michigan State Police Trooper Joseph Donovan has been found not guilty of rape by an Ingham County jury. Donovan was standing trial for nine counts of first degree sexual misconduct. The jury found him not guilty on seven counts and deadlocked on the other two.

Although Donovan is understandably relieved, the investigation, charges and subsequent trial have significantly impacted Donovan’s life. He has been on unpaid leave from work since 2008 and has been living in “limbo.” He has also faced significant public scrutiny.

Fortunately he will now be able to move on, although whether he will get his old job back has not been determined.

If you have been charged with any criminal sexual offense, it is critical to contact an experienced Michigan criminal defense lawyer immediately to begin investigating the charges and preparing your defense.

March 17, 2011

Michigan Sex Crimes Registry Reforms Adopted By Senate

by Scott Grabel

After years of criticism and unfair treatment of those convicted of minor sex offenses, the state Senate has approved a bill that will significantly alter the Michigan Sex Offenders Registry.

As a result of the new Michigan sex crimes registry legislation, juvenile offenders will no longer make the public list. Those involved in “Romeo and Juliet” cases – where consenting teens have sex – will not be placed on the list as long as the number of years separating the youths is no more than four years.

Other changes include categorizing the offenders into Tiers, with the most serious on Tier 3. Tier 1 offenders may be able to petition for removal after 10 years for good behavior. The reforms will put Michigan’s registry in compliance with the federal Adam Walsh Act.

The sex crimes registry was originally intended to notify citizens if a child predator lives in the area. However, predators only represent a small slice of the nearly 40,000 names on the list, with some people’s names remaining on the list long after their misdemeanor convictions were expunged by the courts.

Supporters applaud the changes for making Michigan’s sex offender registry less “brutal and stigmatizing” for teenagers, but note that more reforms are necessary to avoid unjust consequences.

As stated in a recent editorial published in the Detroit Free Press, “Getting rid of Romeo and Juliet cases should jump-start a broader debate on how to refine and improve and overreaching requirement that no longer serves its intended purpose.”

March 11, 2011

Michigan Child Pornography In The Facebook Era

by Scott Grabel

In the wake of the Michigan child pornography charges filed against Evan Emory, scholars are reviewing what the standards should be concerning the sharing of digital images, often not tied to any sexual malice yet charged as a sex crime with significant and often life long consequences.

Evan Emory is facing charges of distributing child sexually abusive materials after he edited a video to make it look like elementary school children were listening to him sing a sexually graphic song. He faces 20 years in prison and placement of his name on the Michigan sex crimes registry.

As stated in a recent article from the NewYork Times the Evan Emory case has drawn strong reaction both from Muskegon residents and around the world in such far reaching places as Ireland and Australia, noting that the case “underscores the still evolving nature of the law when it comes to defining child pornography in the age of Facebook, YouTube and sexting.”

Unlike adult pornography, child pornography is not provided the same First Amendment protections because the laws presume a child is being harmed. But, the reality is that “now we have situations where people are being arrested and charged” in connection with digitally altered images, where no child was abused.