Michigan Sex Crime Attorneys Blog

Recently it was announced the House of Representatives had passed a bill that could effectively leave teenagers facing 15 years in prison for doing something many teens do – sexting, or sending messages or photos via mobile devices that are sexually explicit in nature. The measure was called “deadly and counterproductive” by Rep. Sheila Jackson Lee (D-Texas), ranking member of the House Judiciary Subcommittee on Crime who said the bill, although well intended, will ultimately punish our children, the very people the it is designed to protect.

Michigan Rep. Justin Amash was one of only two Republicans who voted against the bill; a spokesperson from his office said Amash opposes mandatory minimum expansions and crimes already prosecuted at the state level. Additionally, H.R. 1761 or the “Protecting Against Child Exploitation Act of 2017” reportedly prohibits some conduct that Congress is not allowed to regulate under the Constitution.

The new bill builds on existing law making teen-to-teen sexting a crime. At the present time any person who violates the sexting law may be sentenced to a minimum of 15 years in prison, and possibly up to 30 years. This is the punishment for first-time offenders; the penalties for second- or third-time offenders is even more serious.

There are dozens of myths and misconceptions surrounding sexual assault and violence, but what are the facts? While there are countless people who are innocent sitting behind bars today for crimes they did not commit in every state in the U.S., the fact is sexual assault DOES happen – and much more often than you might think, as many victims do not report rape or other sex crimes. Below we’ve included five of the most common myths about sexual violence, along with the facts.

Myth #1 – Victims often “ask” to be raped or sexually assaulted by wearing revealing or promiscuous clothing or acting in a manner that may come across as inviting. The truth is, it makes absolutely no difference what a person is wearing (or not wearing) or how that person acts. Sexual assault and rape are threatening, forceful, and even violent crimes that can result in injury. Regardless of how a person is dressed, the act of forcing a person to engage in intercourse or any type of sexual activity without that person’s consent constitutes sexual assault.

Myth #2 – The majority of rapes or sexual assaults are committed by strangers; if the victim and perpetrator know each other, it isn’t a crime. This is a common misconception, and in fact most victims of rape or sexual assault are attacked by someone they know. In fact, in victims ages 18 to 29, about 65% who were raped or sexually assaulted had been in a relationship with the offender prior to the sexual violence.

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.

Early Sunday morning over the long Labor Day holiday weekend it was reported that a sexual assault had occurred in McDonel Hall on the MSU (Michigan State University) campus. According to MSU police, the incident took place between 10:30 Saturday evening and 2:30 Sunday morning. The alleged sexual assault was reported at about 2:30 a.m. on Sunday.

Authorities at MSU called in the special victims unit to investigate the incident. According to the university, the SVU is referring to the situation as a “non-stranger investigation.” Investigations were ongoing as of last news reports. Essentially, in a “non-stranger” situation the alleged victim and perpetrator knew each other, or were at least familiar with one another to some extent.

Captain Doug Monette of the MSU police department said that “These types of crimes will not be tolerated on campus. They are a violation of Michigan state law as well as MSU policy on relationship violence and sexual misconduct.”

In late July, 36-year-old Christopher Craig Bennett pleaded no contest to seduction in the alleged sexual assault of a 16-year-old girl at Waldenwoods resort in Hartland in 2009. Bennett was a park ranger at the resort at the time, although it is unclear as to whether he is still employed. Bennett was initially charged with two counts of third-degree criminal sexual conduct, which prosecutors dismissed in exchange for his no contest plea.

The alleged victim was camping with her family at the time, who had been members of the resort for many years according to her father. He said the family had always respected the park rangers, and that when Bennett invited his daughter to go along with him on patrol, she agreed. Her father alleges that Bennett raped her on the grounds of the resort.

News reports indicate Bennett was sentenced on August 30 to four months in the Livingston County Jail after pleading no contest to seduction. He also faces two years of probation.