Michigan Sex Crime Attorneys Blog

July 29, 2016

Study Reveals Nearly a Quarter of Women Claim to be Sexually Assaulted in College

According to federal campus safety data, in 2014 the colleges and universities with the highest number of rapes on campus were the University of Connecticut and Brown University, a private Ivy League university in Providence, RI. However, sexual assault among college students (whether on or off campus) is a growing problem around the nation.

A survey involving 150,000+ students at 27 universities conducted by the Association of American Universities revealed some very disturbing numbers. What’s not surprising is that in many cases, unwanted sexual contact or even rape occurs when students are under the influence of drugs or alcohol – in other words, incapacitated.

The survey found that 23% of female college students who participated said they had been the victims of unwanted sexual contact, whether it be kissing or touching, or even rape. Almost 11% claimed they were forced into unwanted oral sex or penetration.

July 22, 2016

Ypsilanti Township Man to Serve Up to 70 Years for Sex Crimes Involving 4-year-old Girl

by Scott Grabel

Michigan criminal defense attorneys know that individuals found guilty of sex crimes involving children face extremely serious consequences. Recently, 35-year-old Kevin M. Lambert of Ypsilanti was sentenced to up to 70 years in federal prison after pleading guilty to six counts of first-degree criminal sexual conduct involving a 4-year-old girl who was in his care, according to news reports.

In October of last year, Lambert was charged in federal court for producing, distributing, receipt, and possession of child pornography. An undercover federal agent discovered that several videos and images of a young female child were displayed in a chat room, posted by a user with screen name Akyle679, and that the user insinuated the young girl was a child who was in his care. After discovering that the screen name belonged to Lambert on the Kik messaging app, agents began surveilling Lambert’s home. He was taken into federal custody and indicted on the charges.

The incidents took place between April and October of last year; all child pornography cases are handled at the federal level. On July 14, Lambert was sentenced to 40 years in federal prison by U.S. Eastern District Court Judge Nancy Edmunds on the producing, distributing, and possessing charges. An incident in June 2015 led to charges on six counts of first-degree criminal sexual conduct, which Lambert pleaded guilty to. These charges resulted in the 70-year sentence handed down on July 20. Lambert will serve the 40-year and 40 to 70 year sentences concurrently.

June 20, 2016

Differences Between CSC (Criminal Sexual Conduct)

by Scott Grabel

Being charged with sexual assault at any level can be life changing. In Michigan, sexual assault or rape is charged as criminal sexual conduct, or CSC of varying degrees. An individual may be charged with first-, second-, third-, or fourth-degree criminal sexual conduct depending on certain factors such as whether penetration occurred, the age of the alleged victim, and more.

The person charged with CSC may be referred to as the defendant or “actor.” There are certain definitions under Michigan Penal Code Section 750.520a that will help you better understand each degree (1st, 2nd, 3rd, and 4th) as we explain them below.

Actor. The actor, or defendant, is the individual accused of committing CSC.

Intimate parts include the breast, groin, buttock, inner thigh, or primary genital area of an individual.

Sexual penetration includes not only sexual intercourse, but any intrusion by an object or other body part into an opening (genital, anal) and also includes anal intercourse, fellatio, and cunnilingus.

Sexual contact is defined as deliberate touching of someone else’s intimate parts as defined above, regardless of whether those intimate parts are clothed or unclothed.

First- and third-degree criminal sexual conduct (or sexual assault) involves penetration, which second- and fourth-degree CSC (sexual assault) involves only sexual contact.
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June 7, 2016

In re IVAN N. Juvenile Court Law

by Scott Grabel

Ivan N. was 17 years old when he admitted that he had touched his 7-year-old adoptive sister (referred to as the “victim”) by using his penis and hands to touch her genital area numerous times over the period of approximately one year. At 17, Ivan N. was considered a minor; his adoptive parents learned of the sexual abuse (molestation) due to an incident that occurred in the home. In April of 2015, Ivan N. was arrested and charged with two counts of committing a lewd act on a minor under the age of 14; he was arraigned and confined at juvenile hall.

The court dismissed one count after Ivan admitted to one count in May of 2015. He admitted that he molested the victim to get back at his parents, and apologized during an interview for his conduct. Ivan was referred to an outpatient or residential facility following a psychological evaluation, a facility offering therapy and programming for treatment of adolescent male sex offenders. It was determined that Ivan was a person described by section 602 who was subject to probation. The probation department prepared a social study, which recommended Ivan, could receive appropriate treatment at a CBO (community based organization).
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May 28, 2016

Sexual Assault in Michigan: Dating Violence

by Scott Grabel

Dating violence is far more common than most of us think, and often involves sexual assault or “rape.” Whether a couple has been dating for a year or it is a first date makes no difference. A forced sexual act without the consent of the other person is unlawful, and could result in criminal charges if the alleged victim decides to come forth and report it to law enforcement. Dating violence in Michigan as well as other states knows no boundaries in terms of age; sexual assault can happen to someone who’s 13, 18, 40, 60, or even older.

In some cases of sexual assault a victim may have been drugged with a “date rape” drug such as Rohypnol, a powerful sedative. In other cases, those involved in a dating relationship may have engaged in drug activity, drinking alcohol, or other substances that can impair a person’s ability to think rationally. In many cases of dating violence involving sexual assault, there are no outside factors – it’s simply a case of one person wanting to engage in sex, while the other person doesn’t. When one party does not consent or give permission to engage in sex (regardless of whether the non-consenting person is male or female), he or she may be the victim of sexual assault or rape.
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May 14, 2016

Female Sex Offenders

by Scott Grabel

Most people who think of sex offenders automatically believe a male is the perpetrator. The fact is, the incidence of sexual violence or assault involving women who are the offenders is growing. While the tendency to commit sexual crimes can emerge in adolescence, many offenses involving teens or adults go unreported, regardless of whether the alleged offender is male or female.

Approximately 9% of youths report they were the victims of some form of sexual violence in a Growing Up With Media national study in 2010 in which information was collected online. The acts committed against these youths included coercive sex, forced sexual contact, attempted rape, and completed rape. Interestingly, the results of the study found that while males were more likely to commit a sex-related offense against a younger victim, offenses in which females were the perpetrators most often involved victims who were older. Additionally, the study concluded that males tend to commit sexual violence at an earlier age than females, which may suggest different developmental courses.

May 2, 2016

How to Remove Your Name from SORA (Sex Offender Registry)

by Scott Grabel

Anyone who is a registered sex offender knows the negative impact it has on your life. Most sex offenders are shunned by society, have problems finding employment or housing, and face other tough issues. Whether you’ve been required to register for 15 years or a lifetime, any time at all spend on the Sex Offender Registry, or SORA, is too much time. Is there a way to get off the list? Perhaps. We’ve included what you need to know below.

First of all, who’s eligible to petition for removal from SORA?

There are basically four scenarios in which someone who has been convicted and is currently on the sex offender registry can petition for removal from SORA through the trial court.

These include:

Romeo & Juliet (consent cases)
Juvenile offenders (determination)
SORA registrants convicted of crimes that no longer require registration
Tier I and Tier III offenders no longer considered a threat to public safety

It is important to note that when filing a petition to have your name removed from SORA, you get only one opportunity to get it right. For this reason, it’s recommended you consult a qualified attorney.
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April 20, 2016

Housecleaning Ad Leads to Accusations of Sexual Assault

by Scott Grabel

A Dearborn man has been charged with attempted sexual assault and fourth-degree criminal sexual conduct after he allegedly lured a woman to an abandoned home through a housecleaning ad in Canton, according to news reports.

The two met in Dearborn, where the woman who was answering the ad got into a vehicle with the man who drove her to a vacant home in Canton and forced her inside. She fought the man off and ran to a neighbor who called 911, while the alleged attacker fled. He was apprehended in Dearborn a few hours later.

As a Michigan sex crimes attorney well known for achieving outstanding results for clients accused of sexual assault, rape, and related offenses, Scott Grabel and the staff of criminal defense lawyers at Grabel & Associates are driven to obtain the best possible outcome for every client the firm represents.

April 13, 2016

Ypsilanti Man Accused of Drugging & Raping Woman Testifies at Second Trial

by Scott Grabel

Kip Wilson, a 47-year-old Huron High School teacher and resident of Ypsilanti, is on trial again for the alleged drugging and rape of a woman who Wilson claims he was trying to build an exclusive relationship with. The alleged rape took place in July of 2012 after Wilson and the woman, who came to his home, drank what have been referred to as “killer margaritas.”

Wilson was tried on charges of third-degree criminal sexual conduct, but a mistrial was declared in October of last year after jurors received a document by mistake, one that prejudiced them. He is now on trial for a second time, and adamantly insists from the witness stand that he did not rape the woman, that she was far more aggressive and experienced in the area of sex than he is, and that she was the one who initiated oral sex after the two continued drinking margaritas, which he claimed she said was the best she had ever had.

Wilson said on the stand that the two did eventually have sex, and that the alleged victim was “very active,” asking him to engage in acts he found uncomfortable. Wilson went on to say that the woman fell asleep, and when she later awoke seemed confused, asking if they had engaged in sex. Wilson told her yes, and had also told her where she could find some medicine for her headache. He said that out of concern, he had her stay for a while and drink water. During that time he claims the two discussed the possibility of being exclusive, what had taken place that night, and plans for future dates.

March 23, 2016

UT Football Player Will Not Face Sexual Assault Charges in Sept. 2015 Incident

by Scott Grabel

On Monday, a Knoxville Police Dept. file was released which documents a three-month long investigation into the alleged sexual assault of a woman by a University of Tennessee football player on September 20 of last year. While the player’s name has not been released, he will not face sexual assault charges according to news reports.

The woman claimed she had been having drinks at a bar with some friends, and the next thing she was aware of was waking up naked in the bed of a white male who was a stranger; he reportedly asked her to leave his apartment. The woman didn’t remember anything in between, and claimed she had been sexually assaulted.

The woman did have a rape exam two days later, however police were not notified until September 23. Documents in the police file included an email from District Attorney Charme Allen dated December 8 in which the DA declined to prosecute the player. Other documentation in the file revealed that a DNA test showed no identifying matches to the man accused, nor was there any evidence of semen.