Michigan Sex Crime Attorneys Blog

March 17, 2010

Criminal Charges Dropped Against Pittsfield Township Man

Washtenaw County prosecutors dropped criminal charges against a Pittsfield Township sex offender accused of illegally living near a school.

Matthew Freeman, now a 23-year-old man, was arrested and convicted when he was 17 of having consensual sex with his 15 year-old girlfriend. Because his girlfriend was under the age of consent, Freeman was convicted of fourth degree criminal sexual conduct and required to register as a sex offender. Freeman had been in a steady relationship with the girl, but 12 days after he turned 17, the girl’s mother requested Freeman be criminally charged as a way to end the relationship.

Often, finding the true motivation for making the accusation of sexual misconduct is one of the most important components of a successful defense.

As the result of prosecutorial error during the plea hearing, Freeman’s conviction for fourth degree criminal sexual conduct – age of victim, was recorded as fourth-degree criminal sexual conduct involving force or coercion, subjecting Freeman to the school safety zone residency requirement.

Had he been convicted of the safety zone violation, Freeman could face up to a year in jail.

Freeman’s record was corrected early this March, exempting Freeman from the residency restrictions. As a result, prosecutors dropped the pending charges.

For Freeman and his family it’s a bittersweet victory. Freeman’s name still must remain of the Michigan Sex Offenders Registry until August 17, 2028.

March 3, 2010

Michigan College No Longer Admitting Convicted Sex Offenders

by Scott Grabel

According to WNDU local news, Lake Michigan College is no longer admitting people convicted of sex crimes against children and those listed on Michigan’s sex registry.

This broad rule could affect students who pose no threat, especially those convicted on juvenile charges who could benefit most from educational opportunities and a fresh start. In fact, studies show juveniles make up a large percentage on the Public Sex Offender Registry (PSOR).

Under current Michigan law, many non-violent sex offenders must place their names on the registry, sometimes for life. This includes non-violent sex offenders such as juveniles who have been convicted of having consensual, yet underage sex, and those convicted of “sexting,” which in some cases can be a violation of child pornography laws.

As the LMC decision shows, registering on the Public Sex Offender Registry (PSOR) may affect the everyday lives of those individuals forced to register, including the loss of job opportunities, disqualification for obtaining student loans and the freedom to attend certain schools. Often, these results are unfair and unjust, denying opportunities to those who have committed minor offenses.

December 29, 2009

“SEXTING”: A new era in the proliferation of child pornography among teenagers in Michigan.

by Scott Grabel

It seems these days that every teenager in Michigan owns a cellular telephone and most phones are equipped with a camera. These factors are a dangerous mix for the approximately twenty (20%) of teenagers, according to a recent survey, who send sexually explicit images via their cellular telephones. Teenagers naturally have a decreased sense of assessing the risk of engaging in certain behaviors and this behavior is one that appears to be increasing based upon the number of prosecutions that have occurred throughout the country. “Sexting” can be a violation of child pornography laws, which are felonies, and can lead to jail or prison time, and most often require registration on the Michigan Sex Offender Registry.

Michigan law as a general rule provides that child pornography, or child sexually abusive material, involves or includes the possession of images or other depictions of persons under the age of 18 that are sexual in nature. Laws dealing with child pornography are drafted in very broad terms to prohibit possession of images that may appear to be innocent but are nonetheless unlawful to possess. Parents with teenagers should be aware that “sexting” is illegal and can potentially have lifetime consequences. Parents should also advise their children of the potential consequences of such behavior. Taking a proactive approach to educating teenagers could save a whole lot of heartache and legal fees.