Original Case Details

A 21-year-old man from Genoa Township was convicted of multiple counts of Criminal Sexual Conduct in the first degree, second degree, and assault with the intent to commit sexual penetration back in March 11 of this year. The alleged victim testified that the man raped her multiple times at a golf course after they went riding together on a golf cart looking for a deer back in 2018. Prosecutors previously offered to dismiss three of the criminal sexual conduct charges, as part of a plea agreement, a deal which the man declined to take. He now faces up to life in prison. iStock_000006220072_Double-2-300x200

Allegations Made Against Assistant Prosecutor

Original Case Details

A Marquette man was convicted of criminal sexual conduct in the second degree for his alleged abuse of his 12-year-old then stepdaughter. The abuse allegedly began about a year after the minor moved from Indiana to Michigan to live with her mother and stepfather (the defendant). The abuse became more frequent and continued until the girl was approximately 15 years old. The defendant subsequently divorced from the girl’s mother and moved on. The girl and her mother moved back to Indiana where the girl told her biological father about the abuse and informed local police, but no investigation resulted. She later confronted the defendant in a Facebook message regarding his sexual abuse. The defendant’s girlfriend saw the message and responded to the young girl asking about the alleged abuse. The girlfriend then contacted the stepdaughter of the defendant’s half-sister about the alleged abuse and learned that the defendant had also had sex with that girl when she was about 14 or 15 years old. The defendant was charged with abusing both girls and the trial court subsequently severed the cases so each case could be tried separately. The trial court, however, allowed “other acts” evidence to come in under Michigan Rules of Evidence (MRE) Rule 403, which resulted in testimony coming in from the other alleged victim at his trial, resulting in a conviction. It is important to note that these offenses were tried some 20 years after the alleged crimes. iStock_000011602905_Large-2-300x200

The Appeal

Original Details

Back in 2011, the Obama administration made a directive demanding universities to improve their policies regarding sexual assault claims on campus. In an effort to empower and encourage victims to come forward in the event of a sexual assault, many changes were required of university policy and procedure in how to handle sexual assault complaints. One major change was to empower a single investigator who is a university employee or outside expert to do all of the interviews regarding everyone involved in a sexual assault complaint. This investigator would interview the accused, the accuser, and any other witnesses. This investigator then compiles the results of these interviews into reports and makes recommendations. This approach led to many complaints saying that the accused is not being afforded due process or a right to cross examine their accuser. Many lawsuits against universities were then filed by both survivors of sexual assault as well as men who were falsely accused. The common theme in these lawsuits is that the universities were not handling these cases properly and were not qualified to lead these types of investigations. An-Attorneys-Guide-to-a-Career-in-Law-Pic-300x200

The Changes Implemented

Original Case Details

A Lansing, MI man was convicted back in November 2018 of sexually assaulting a nine-year-old girl. He was convicted of first degree criminal sexual conduct, second degree criminal sexual conduct, and assault with intent to commit sexual penetration. He was sentenced to a minimum of 72 years in prison by Ingham County Circuit Judge Rosemarie Aquilina, who also presided over his jury trial. Prior to the trial, it was agreed that a support person could sit with the child while she testified about what the man allegedly did to her. All non-essential people were not allowed to be in the courtroom while she testified, and her testimony would be broadcast to a closed-circuit TV in another room to satisfy the defendant’s right to a public trial. Judge Aquilina also decided that due to the nature of the case and the girl having previously testified that she was suicidal, only the girl’s voice would be broadcast into the closed-circuit TV next door and not her face, so the judge blocked the cameras. Both the prosecutor and defense attorney objected to this decision, to which the judge overruled them and stated to appeal her if they were not satisfied. Essentially, the judge created an appeal issue for the defense which led to a direct appeal to the Michigan Court of Appeals. Grabel04a-2-300x146

Court Of Appeals Decision

A federal court has made a ruling which will temporarily suspend a prior order that would have invalidated Michigan’s Sex Offender Registry Act (SORA). The pandemic has made it virtually impossible for lawmaker to convene to actually be able to make changes and rewrite the invalidated laws surrounding SORA. The pandemic has also brought a lot of confusion surrounding any type of real enforcement as the police are also dealing with their own issues related to COVID-19. This judge’s ruling makes clear that the registry cannot be enforced during this pandemic. iStock_000000341623_Large-2-300x200

Original Problems With SORA

U.S. District Court Judge Robert Cleland issued a decision that invalidates parts of the Michigan Sex Offender Registry Act (SORA). His ruling has stated that parts of SORA are actually unconstitutional and must be rewritten. This dealt, in part, with requirements that people on the registry were not allowed to work or live less than 1,000 feet from where children gather and play. This among other rules were added in 2006 and 2011 and subsequently applied retroactively to people already on the registry. The judge also ruled that several provisions of SORA are void due to vagueness, strict liability issues, and under the First Amendment. This ruling affects some 44,000 people that are currently on the registry. This is a fight that has been raging on since the same Judge making a similar ruling back in 2015. The state legislature has been pushed to rewrite SORA legislation so it can fall back under constitutional rules, but they still have not done so. With the current pandemic, it does not look like these changes will be taking place anytime soon.

A plastic surgeon out of Toledo, OH with an office in Taylor, MI has been indicted with illegally dispensing controlled substances, aggravated sexual abuse, and sex trafficking. He is accused of drugging multiple women, raping them and recording the acts on camera. He was arrested by the FBI and has been booked at the Lucas County Corrections Center. The doctor is licensed in both Michigan and Ohio and has three offices between both states. His case now goes before a federal grand jury as he has waived his preliminary hearing. He will remain in custody pending his appearance before the federal grand jury. He did not challenge his detention on this court date. stethoscope-1-1080174-m

Original Case Details

The original accusation against this doctor came from a woman who shared that she worked as a high-end escort and engaged in sexual activity for money with the doctor. This event allegedly took place at the Ritz Carlton hotel in Los Angeles back in September of 2016. She alleged that she first performed consensual oral sex on the doctor before dinner but would not allow it to be recorded. After the dinner, she believed she was drugged, raped and recorded without her consent. The woman left the hotel room in the morning and sought the help of a client who was an anesthesiologist who found that the woman tested positive for benzodiazepine in her urine. This drug is a type of tranquilizer. Other women have since made similar accusations against the doctor. The FBI obtained a search warrant and found five thumb drives that allegedly contained 5 different videos of the doctor engaging in sex acts with four different women, who were all unconscious. The FBI also seized large amounts of controlled substances from the doctor which included valium, fentanyl and morphine. The doctor had also received a shipment of ketamine two weeks prior to the first alleged incident. The Assistant United States Attorney handling this case stated in court that they believe they have found over 20 different victims recorded on different devices.

Original Case Details

A Kalamazoo man was arrested on February 13, 2020 in connection with a bank robbery that occurred in Kalamazoo. The man allegedly went inside the downtown Kalamazoo Chase Bank unarmed and demanded money from a bank employee. He was given an amount of money by that employee and then took off. Surveillance footage was release by the police not long after the robbery. Detectives recognized the man from the footage and tracked him down to a residence and arrested him roughly 24 hours later. According to a federal complaint filed in U.S. District Court, the man admitted to robbing the bank and leaving with about $7,000 in cash. He also told the officer than he had already spent approximately $2,000 at a local strip club. He is facing a maximum prison sentence of up to 20 years and/or up to a $250,000 fine. Michigan-High-Court-Considers-the-Term-“Possession-of-Child-Pornography”-Pic-225x300

Where Is The Child Pornography Connection?

What Is Human Trafficking?

Human trafficking as defined by the Michigan Human Trafficking Task Force is a form of modern-day slavery. It is the containment and forcing of different types of labor of both adults and children. Women that are victims of human trafficking are often forced to work in sex trades like prostitution or strip club work, while men are more forced into jobs involving physical labor. It is a real problem where awareness has recently grown. This awareness has led to more arrests and a stronger dedication towards the goal of eradicating human trafficking. The statistics regarding human trafficking in the state of Michigan are both eye opening and tragic. sad-silhouette-1080946-m

Human Trafficking Statistics

An Oakland County Circuit Court Judge has awarded a judgement of $100,000 to a plaintiff who claimed her ex-boyfriend falsely told her that he secretly recorded sexually explicit videos of her and posted them online. It was never proven that the videos were ever posted, and the Court specifically reasoned that it didn’t matter if the sexually explicit videos were posted or not. It was the threat of posting the videos that resulted in this judgement. In 2014, the state of Michigan enacted what is commonly known as the “Revenge Porn” statute. Revenge porn, also known by its more legalese term, “non-consensual pornography,” generally outlaws people sharing sexually explicit images or videos without the consent of the subject in the images or videos. What is evident here is that the false threat of sharing these types of images or videos can lead to a criminal conviction under the statute and can cost you a boatload of money. Michigan-High-Court-Considers-the-Term-“Possession-of-Child-Pornography”-Pic-225x300

Case History

Back in April of 2018, the defendant in this case allegedly sent text messages to the plaintiff, his ex-girlfriend, telling her that he secretly recorded sexually explicit videos of her and shared them online. He claimed that he took these videos of them having sex while they were together, and he shared the videos online on a pornography website without ever seeking consent. The defendant also told her that the video went viral, being watched hundreds of thousands of times, even being viewed by her co-workers and friends. The plaintiff in this case then sought a personal protection order from the defendant, and ultimately moved out of state in an effort to get away from all of potential social consequences of what had allegedly been posted online. The plaintiff in this case stated that due to the information that this video was posted online she suffered from severe mental anguish, was at one point bed ridden, and also sought professional help in the form of therapy. What makes this case different from others, however, is that no sexually explicit material had ever actually been posted. The plaintiff’s attorney found during his investigation online doing reverse google image searches that the defendant never actually posted anything as he claimed. What they learned was that the defendant simply lied about it in order to cause the plaintiff severe emotional distress, and he succeeded. This discovery obviously led to a change in the legal approach and strategy that the plaintiff’s attorney took. The plaintiff’s attorney then sought to have the legal theory changed to that of an intentional infliction of emotional distress. The defense’s simple argument was that the plaintiff didn’t experience enough emotional distress to rise to the level needed to win a money judgement. The defense then filed a motion for summary judgement asking for a dismissal of the case stating that there was not enough evidence for the case to continue forward to a trial. The Oakland County Circuit Court Judge disagreed, stating that there was an issue of fact that a jury should hear to determine if money damages should be awarded. The defendant’s attorney claimed that shortly after that, he started to lose contact with his client, and ultimately, in November of 2019 which was one week before trial, the defendant’s attorney was allowed to withdraw as counsel because he had allegedly lost contact with his client. When the trial date came and neither the defendant, nor an attorney showed up to defend the case and conduct a trial and default judgement in the amount of $100,000 was entered against the defendant.

What Is The Michigan Sex Offender Registry?

In the state of Michigan, if you are convicted of a sex crime, then you are likely facing some repercussions involving the Michigan Sex Offender Registry. The Michigan Sex Offender Registry Act is a statute that prohibits a few things if you are convicted of a sex crime: cuffs-keys

• Offenders are not allowed to live, work, or even stand within 1,000 feet from a school

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