Recently it was revealed that two 17-year-olds and an 18-year-old were arrested after Detroit police claim the teens were interfering in a prostitution sting.  The teens are now filing suit against police, saying they were mistreated when police ordered them out of a vehicle and handcuffed them. According to news reports two of the teens were waiting for the third to get off work while simultaneously police were conducting a prostitution sting at a CVS across the street.

Police claim the teens were trying to warn a relative not to have any dealings with a prostitute who was undercover, however their lawyers maintain this behavior isn’t a crime.  Ultimately, the teens were helping to stop a crime regardless of their intentions.  A photo taken and posted via Snap Chat allegedly made the teens feel humiliated.  Two of the teens were minors, and news reports claim police drove all three around before dropping them off and telling them to walk to Dearborn, their home.  Sex crimes defense attorneys want to uncover the police officers’ motive, although criminal charges against the teens were dropped in August.
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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.

Recently, 73-year-old Harry Morel Jr., a 33-year veteran prosecutor in St. Charles Parish in Louisiana, was sentenced to three years in prison for allegedly trading sex for leniency in cases he prosecuted.  Federal authorities investigated the case for three years before Morel eventually pleaded guilty in April of this year.

Authorities claim Morel is a ‘sexual predator’ who engaged in sexual misconduct for about 20 years with at least 20 difference women, according to the Times-Picayune.  News reports reveal that one woman who was facing a DUI charge helped build a case against Morel, an extremely popular man who had been elected as St. Charles Parish’s district attorney for more than 30 years.  Even though Morel is accused of giving women charged with crimes favorable treatment in exchange for sex, he hasn’t been charged with any sex crimes, and has been disbarred as he is scheduled to begin serving his prison sentence on September 26.
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Stuart Dunnings III, the former prosecutor for Ingham County who served for nearly 20 years and began his career as prosecutor in 1997, has pleaded guilty to two charges after 13 of the charges involving patronage of prostitutes over a five year period were dropped in a plea deal.

Initially, Dunnings faced 10 counts of engaging in prostitution, four counts of willful neglect of duty, and a single count of pandering prostitution.  According to witness statements, Dunnings paid for YMCA memberships, rent, methadone treatments, and other things in exchange for sex.

While he was Ingham County prosecutor, Dunnings was allegedly soliciting sex with prostitutes while at the same time publicly attacking human trafficking.  Now, according to Michigan AG Bill Schuette, Dunnings has pleaded guilty to a single felony misconduct in office charge, and one misdemeanor count of soliciting a prostitute.
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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.

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.

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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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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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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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.

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