Michigan Sex Crime Attorneys Blog

September 16, 2010

Past Mistakes Shouldn’t Keep Those With Felony Convictions From Volunteering

A group of Grand Rapids parents are circulating petitions to allow them to participate in their children’s education through volunteering. At issue – past criminal convictions and the fact that some of the parent’s names are on the Sex Offender Registry. The Grand Rapids school district, as well as all school districts in Kent and Ottawa counties – screens all school volunteers and will not allow anyone with a felony conviction to participate.

As stated by one parent, “Something you did back in the day when you were young and dumb, should not be allowed to haunt you forever and make you a less effective parent.”

In fact, many of those with names on the sex crimes registry are there as a result of “Romeo/Juliet” type relationships.

Understanding that the involvement of parents is vital to their children’s success at school, parents are requesting that the school decide whether to allow the parent volunteers on a case-by-case basis. Due to current laws, a parent whose name is on the registry will likely not be able to volunteer, but the petition circulated by the parents underscores the lasting impact youthful indiscretions may have on your future.

Hopefully, the school district will allow parents who are trying to do the right thing to be involved and make a difference in their child’s education.

September 9, 2010

Man Lured Into Internet Sex Sting To Stand Trial

by Scott Grabel

A man lured into a sex sting has been found competent to stand trial and will appear Friday in Livingston County Circuit Court. The Detroit man was one of nine men caught in an undercover sex sting targeting individuals who use the internet to send pictures or explicit materials to minors.

With the proliferation of chat rooms and social networking sites, law enforcement agencies have increasingly set up “stings” by attempting to lure otherwise law-abiding citizens into inappropriate conversations with minors. When officers entice individuals into downloading or sharing inappropriate images over the internet, this may be used as evidence of criminal conduct, such as solicitation of a minor. However, if the police overstep their authority and violate individual’s rights, the defense of entrapment may be used to gain an acquittal or dismissal of an internet sex crimes charge.

In Michigan, entrapment occurs when the police engage in impermissible conduct that would induce a law-abiding citizen under similar circumstances to commit the crime, or police engage in conduct so reprehensible that it cannot be tolerated by the court.

August 12, 2010

Michigan DNA Analysis Backlog Leaves The Accused Waiting For Justice

by Scott Grabel

Last month the Detroit Free Press ran a series exposing a serious problem affecting all of those interested in criminal justice – the overwhelming backlog of cases requiring biological testing – including DNA testing – which is often the key to freedom for those wrongfully accused and convicted.

Today the South Bend Tribune echoed that sentiment, calling for the elimination of Michigan’s serious backlog of thousands of forensic cases.

As a Michigan sex crimes defense attorney, I agree. According to the Detroit FreePress,10,500 untested rape kits existed at the beginning of 2010. The number has since grown. In spite of this backlog, Michigan has passed legislation to collect DNA from all those arrested for felonies, but not yet tried or convicted. Rather than expanding the number of people subjected to DNA analysis, emphasis should be placed on processing rape kits and other samples. Often, DNA analysis is the key to freedom for those wrongfully convicted.

DNA evidence freed Kenneth Wyniemko who was imprisoned for nine years for a rape he didn’t commit.

DNA evidence freed Rickie Seggie, an innocent Sterling Heights man headed for trial on charges of criminal sexual assault.

July 22, 2010

Federal Appeals Court To Review Ingham County Rape Conviction

by Scott Grabel

According to the Detroit Free Press, the entire 6th Circuit Court of Appeals will review a 2001 rape conviction.

At issue – rape shield laws. Specifically, under what circumstances can the sex life of alleged rape victim be used by the defense at trial.

Generally, Michigan law excludes evidence of the victim’s sexual conduct or reputation at trial. However, exceptions may exist in limited circumstances – such as where the sexual conduct is between the accused and the victim, and where the past conduct is relevant to the case at hand.

Here, in a rape trial alleging non-consensual group sex, evidence of a previous act of group sex including the accused and the alleged victim was withheld. The accused – Lewis Gagne – was ultimately convicted and sentenced to up to 45 years in prison.

On appeal, a 3-person panel determined that Gagne’s rights were violated at trial. The full 6th U.S. Circuit Court of Appeals has now agreed to revisit the case, finding that based on the facts of this case, the trial court violated the defendant’s due process rights in applying Michigan’s rape shield law.

July 16, 2010

Wayne County Man Pleads Guilty to Third Degree Sexual Misconduct In Facebook Sex Case

by Scott Grabel

According to the Detroit News, a 19-year-old was charged with third-degree criminal sexual conduct for allegedly having sex with a 13-year-old girl he met on Facebook. Third degree sexual conduct is sometimes referred to as “statutory rape.”

Here, the 19-year-old boy had been hiding in the girl’s bedroom for up to two days before the girl’s mother discovered him. The girl told the police they had “sexual contact.”

Under Michigan law, the age of consent is 16. The law doesn’t require the existence of intent to sexually assault another, simply that a person be under 16 years and engaged in sexual relations. Thus, although a younger party may say yes, the older partner may be subjected to the harsh injustice of prolonged prison time and placement of his or her name on the sex crimes registry.

In the instant case, if convicted, the 19-year-old faces up to 15 years in prison and must register as a sex offender.

July 8, 2010

Sex Offenders May Permanently Lose Medical Licenses

by Scott Grabel

Any one convicted of rape in Michigan may soon permanently lose their medical license. According to News Channel 3 out of Lansing, the Michigan House of Representatives has just passed a bi-partisan package that would forever strip people convicted of criminal sexual conduct of their medical licenses. This includes doctors, dentists and nurses and would apply to first, second or third degree criminal sexual conduct.

Presently, Michigan law allows those convicted of criminal sexual conduct who lose their license to reapply after 5 years. If the recent legislation passes the Senate, those convicted will lose this crucial second chance.

Too often those accused of sex crimes make serious mistakes at the very beginning of an investigation when confronted by the police regarding allegations of sex crimes. Often, individuals accused don’t believe a matter is serious or that particular allegations are credible so they freely discuss a case without first consulting with a skilled criminal defense attorney.

However, allegations of criminal sexual misconduct and possible convictions are very serious matters and carry with them significant consequences. Law enforcement officers understand this and are not there to help you – and may even use trickery and deception to illicit and incriminating statement, which may undermine your ability to defend against potential charges.

Not only will a conviction carry with it potential jail time and placing your name on the sex crimes registry, but Michigan continues to up the ante – with colleges denying entrance to those with prior sex crimes convictions and now potentially barring those convicted of sex crimes from practicing their chosen profession.

June 17, 2010

Ypsilanti Police Arrest Suspect In Alleged Sexual Assault of EMU Student

by Scott Grabel

On Monday, a man was arrested in the alleged sexual assault of an Eastern Michigan University student. The student reported that she woke up to find the man on top of her with a knife. He allegedly raped her and then fled. He is now being charged with first-degree criminal sexual assault.

In Michigan, criminal sexual assault or conduct (CSC) is divided into four categories. First-degree criminal sexual conduct is commonly referred to as rape by lay people, and third degree is statutory rape. Second and fourth degree criminal sexual conduct offenses include sexual touching without penetration. All criminal sexual conduct offenses are considered felonies. If convicted, you could face serious consequence including prison sentences and having to place your name on the sex crimes registry.

Because of the way sex crimes laws are written, many people are falsely accused of and wrongfully charged with committing sex crimes when little or no evidence exists. Further, those accused of a sex crime often make a serious mistake at the beginning of a case by speaking to law enforcement officers without an attorney present when they think a matter isn’t serious or lacks credibility.

May 27, 2010

Michigan Supreme Court Overturns Court of Appeal’s Ruling on Double Jeopardy In Sex Abuse Trial

by Scott Grabel

The Michigan Supreme Court has reversed last year’s court of appeal’s decision that a South Lyon man was free to go home because “double-jeopardy” barred him from being tried for a criminal sexual misconduct in Lenawee County. Double jeopardy bars the prosecution of an individual for a crime for which he’s already been tried.

Often, complicated procedural and substantive issues arise in trial that may significantly affect a defendant’s rights, including judges and prosecutors who overstep their legal authority. Appealing a sex crimes conviction or plea can be extremely confusing and complex, but often necessary to ensure justice.

Here, the Michigan man – Douglas Eugene Camp – stood trial in 2007 on charges of sexually abusing his 11-year old nephew. The judge granted a mistrial after a witness testified that the Camp had also been tried in Livingston County on the same charges and found not guilty.

The case was re-tried in 2008, and the new jury found Camp guilty of second-degree criminal sexual conduct. On appeal, the court of appeals determined that Camp had been placed in double jeopardy when the 2007 court declared the mistrial and determined Camp was free to go after serving only two years of his four-year and nine-month to 15-year prison term.

The Michigan Supreme Court reversed this ruling, reinstating the 2008 jury conviction.

May 14, 2010

Craft Acquittal of 22-Counts of Sexual Misconduct Not A “Real” Victory

by Scott Grabel

Tonya Craft, a former Georgia kindergarten teacher who’s child molestation trial captured the nation’s attention, was acquitted Tuesday on charges of molesting three girls, ages 5 and 6. She was found not guilty on all counts including child molestation, sexual battery and aggravated child molestation. Had she been found guilty, she would have faced up to 400 years in jail.

Craft notes though that despite her acquittal, it doesn’t feel like a victory. She stated on the Today Show, “[t]here’s nobody that wins in this situation. My whole heart has been taken, and I got half of it back.”

Since her arrest nearly two years ago she has lost much:

Her two children were taken away from her. One of her daughters testified against her. Ms. Craft now has to fight to regain custody.
Craft lost her home and had to move.
Craft lost her job and was ostracized by her community. She has received death threats.

Craft wants to share her experience and make people aware “that this can happen anywhere, anytime, to anyone.”

Sadly, false arrests are all too common. Sexual misconduct allegations can be made by anyone regardless of whether any physical evidence exists and are often pursued by overzealous prosecutors. In Craft’s case, one of the alleged victims admitting lying and another said she was promised a toy.

In cases involving children, the accusations can be particularly devastating and life altering. Often, the accusations are the result of contentious custody battle or vindictive ex-spouses seeking revenge.

April 15, 2010

Grand Rapids Homeless Sex Offenders File Suit Seeking Shelter

by Scott Grabel

According to the Grand Rapids Press, a lawsuit has been filed on behalf of four homeless individuals with criminal convictions for minor sex offenses to allow them to stay in homeless shelters. The suit was filed in the Ingham County Circuit Court before the State asked to move it to the U.S. District Court. The case was prompted after a homeless man was found frozen to death in a salvage yard after being turned away from an emergency shelter. The man, Thomas Pauli, was listed on the sex crimes registry and as a result, was banned from staying in a shelter because it was located within a school zone.

The recent matter seeks an injunction preventing prosecution for those homeless sex offenders who need “a safe place to stay at night.” The case seeks to clarify whether homeless sex offenders on the registry can have access to emergency shelter. Earlier this year, the Michigan Court of Appeals determined that homeless sex offenders did not have to place their names on the sex crimes registry, based in part on the fact that being homeless necessarily means that these individuals have no permanent residence and thus cannot provide a home address.

In Grand Rapids, all emergency shelters are located within school zones and hence, when emergency shelter is necessary, homeless sex offenders are left with the choice of sleeping on the streets and confronting possible life threatening situations such as rape, assault and frigid temperatures or staying in a facility and facing possible prosecution from the State. It places those who are already down on their luck, many with minor convictions, in a no win situation. As the lawsuit states, the ban on staying in a shelter constitutes “cruel and unusual punishment.”