Sex Crimes

Articles Posted in Sex Crimes

The Court of Appeals recently reviewed a Michigan defendant’s appeal of his criminal sexual conduct conviction. Amongst several issues, the defendant argued that his statements were involuntary because he was impaired due to prescription medication. The case stems from an interaction between the defendant and the victim during a marijuana transaction. The facts indicate that the defendant and complainant drove to the defendant’s friend’s apartment to purchase marijuana. The victim contends that the defendant sexually assaulted her in the car twice. However, the defendant asserts that although the complainant refused at first, she allowed him to touch her and have...
Posted in: Sex Crimes
Recently, a state appellate court issued a written opinion in a Michigan sex assault case discussing the defendant’s challenge to the lower court’s finding that he waived his rights before taking a polygraph test. The case highlights the importance of speaking with a Michigan criminal defense attorney before agreeing to speak with detectives or give up any of your rights when you could face serious allegations. The Facts of the Case According to the court’s opinion, detectives suspected the defendant of sexually assaulting his daughter. During their investigation, detectives asked the defendant if he would take a polygraph test, otherwise...
Posted in: Sex Crimes
When it comes to the type of evidence that is admissible at trial – especially a criminal trial – not all evidence that favors a party’s position will be admissible. The Michigan Rules of Evidence provide a framework that judges must use to determine whether the jury should hear the evidence offered by a party. As a general rule, only relevant evidence is admissible at trial. When it comes to prior criminal convictions, the general rule is that a conviction is not admissible unless certain criteria are met. In a recent Michigan sexual assault case, a state appellate court reviewed...
Posted in: Sex Crimes
Earlier this month, a state appellate court issued an opinion in a Michigan sexual assault case requiring the court to determine if the prosecution presented sufficient evidence to sustain the defendant’s conviction. Ultimately, the court determined that the evidence was sufficient, and affirmed the defendant’s convictions and sentences. The Facts of the Case According to the court’s opinion, the defendant’s niece’s friend asked for a ride from Ann Arbor to Chicago. The defendant agreed. On the way, the defendant asked the young woman if she would have sex with him at a hotel. She declined each time he asked. Eventually,...
Posted in: Sex Crimes
Earlier this year, a state appellate court issued a written opinion in a Michigan sexual assault case discussing when a person’s communication with a cleric is privileged. Ultimately, the court concluded that the defendant’s confession to his pastor was not privileged and, thus, was admissible. The Facts of the Case According to the court’s opinion, the defendant’s wife found text messages on the defendant’s phone suggesting he was having a sexual relationship with a child under the age of 12. The defendant confessed to his wife that he was having a romantic relationship with the child, and that they were...
Posted in: Sex Crimes
Given the contagious nature of COVID-19, courts across the country are wrestling with how to carry out criminal trials without unnecessarily exposing everyone involved to the virus. Last month, a state appellate court issued a written opinion in a Michigan sexual assault case discussing an issue that will almost certainly have long-lasting implications in the post-COVICD-19 world. The case required the court to determine whether a defendant’s state and federal right to confront his witnesses was violated when the trial court allowed a key witness to testify over video. The Facts of the Case According to the court’s opinion, the...
“Sexting” is the practice of sending and receiving sexually charged and sexually explicit text, images, and videos. Sexting can be done via text message, email, through social media, or through other means. Many different actions fall into the category of “sexting.” These include: Knowingly possessing an image or video of a minor engaged in sexual activity or posing in a sexual manner; Sharing, selling, or promoting a sexually explicit image or video of a minor; and Encouraging, coercing, or persuading a minor to share sexually explicit images or videos or him- or herself or to create this type of imagery...
In Michigan, the age of consent is 16 years old. A child younger than 16 cannot consent to sexual contact, even with another minor. Adolescents age 16 and older may consent to sexual contact with all others over the age of 16, except for in certain circumstances. When an individual engages in vaginal, anal, oral, or digital penetration with a minor who cannot consent to sex, he or she may be charged with statutory rape. This offense is also known as criminal sexual conduct. In Michigan, There is No Romeo and Juliet Law In many states, statutory rape laws permit...
One big defense is, “I didn’t do it. I’m not guilty.” Many times there can be a situation where a person consented at the time and regretted it later for different reasons and made up the accusations. A lot of times there are things that happen where the truth is in between guilty and not guilty. Every case is factually unique. It is really important that the defense counsel develop the facts as best they can in favor of their client to try and get the best results. Another common defense, not only in these types of cases but in...
Posted in: Sex Crimes
In Michigan, the age of consent is 16. In some of these situations, statutory rape is called a Romeo and Juliet crime. If the parents of a young girl find out that their daughter is having sex, no matter how consensual it is and no matter whether the boy is close in age or not, he can be charged with promiscuity, which is very serious. That particular type of situation is usually looked at a little bit differently by the judge or the prosecutor, but it is still a very serious crime. It is sexual assault, and it has to...
Posted in: Sex Crimes