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Criminal & OWI Defense Team
Sex Crimes
Criminal Sexual Conduct & Sex Crimes
Sex crime investigations may begin with an inquiry by the police. Police utilize refined interrogation tactics to gain information during the early phase of a sex crime investigation. Initially, questioning of a suspect will focus on placing the suspect at the scene of the alleged crime and establishing a relationship with the alleged victim. This is usually followed by an interview and a request for a written statement. If the suspect denies any criminal activity, the police will persuade the accused to take a polygraph examination. This is a tactic to get more goods on the accused under the assumption that if someone is innocent, he or she has nothing to hide. Although not admissible as evidence, the results of a polygraph can be used to bolster criminal charges. There are numerous variables out of your control in this scenario.
The services of a private criminal defense lawyer are crucial the moment someone is accused of a sex crime. ABDO LAW will help you to regain your sanity and make appropriate legal decisions to avoid making fatal mistakes should you or a loved one be accused or charged with a sex crime. Call 586-412-5555.
Michigan Sex Crimes, Penalties, Links to Statutes
| CRIME | MAXIMUM PENALTY |
|---|---|
| CSC 1st Degree | Up to Life in Prison |
| CSC 2nd Degree | 15 years |
| CSC 3rd Degree | 15 years |
| CSC 4th Degree | 2 years |
| Assault with Intent to Commit Sexual Penetration | 10 years |
| Assault with intent to Commit CSC 2nd Degree | 5 years |
| Possession of Child Pornography / Child Sexually Abusive Activity | 4 years and/or $10,000 fine |
| Distribution, promotion or financing of Child Pornography | 7 years and/or $50,000 fine, or both |
| Production of Child Pornography | 20 years and/or $100,000, or both |
| Accosting/Soliciting child under 16 for Immoral Purposes | 4 years and/or $4,000 fine, or both |
| Gross Indecency | 5 years |
| Disseminating Sexually Explicit Material to a Minor | 2 years and/or $10,000 fine, or both |
| Lewd and Lascivious Cohabitation / Gross Lewdness | 1 year and/or $1,000 fine, or both |
| Indecent Exposure | 1 year, or fine not more than $1,000, or both |
Defending Sex Crimes: Proof Required Beyond a Reasonable Doubt
It only takes the word of one person to get charged with a sex crime. Cases based solely on the statement of the alleged victim are referred to as “he said, she said” cases. As we explain elsewhere in our website, the police will attempt to get statements from the accused party, obtain a confession and a schedule a polygraph to build a stronger case. Talking to the police without a plan is a big mistake. At the very least, the police will use an interview with the accused party as an opportunity to establish a relationship between the parties, possible motive and place the accused party at the crime scene. Any statements made at a police interview can be used at trial.
The police and prosecutor will investigate sex crimes but really do not have any barometer as to who is telling the truth. The prosecutor may go forward with a sex crime which is based completely on spurious allegations and fight aggressively for a conviction against a potentially innocent party! It happens all the time.
Fortunately, a person accused of a crime is presumed innocent. The prosecutor has the burden of proving guilt beyond a reasonable doubt. The jury is instructed to return a verdict of NOT GUILTY if the case is not proven beyond a reasonable doubt. In general, sex crime trials are won or lost based upon the “reasonable doubt” standard. Defending a sex crime requires a skillful attorney to raise doubts on the evidence, or missing evidence. Whenever possible, the alleged victim may be discredited based upon inconsistencies or motives to lie.
Sex Crimes Based Upon Age Where Consent is No Defense
Michigan statutes make it a crime to have any sexual contact with a person that is under age 16. The issue of consent is not a defense. The maturity of the alleged victim, or aggressive sexual behavior by the alleged victim, is also irrelevant. Statutory rape is the common terminology used in reference to sex crimes where the statute makes it a crime based upon the age of the alleged victim.
Michigan Romeo and Juliet Law
As mentioned, mistake of age, consent or the maturity of the alleged victim are not a defense to statutory rape cases. Fortunately, Michigan’s Romeo and Juliet Law can save a youthful offender from having to be named on the Sexual Offender Registry. A court must determine that the following exist to constitute an exception from registration for specified sex offenses involving consent:
- The victim involved was 13-15 years old, and the offending minor is not more than four years older than the minor.
- The victim involved was 16 or 17 years old, and the minor was not under the custodial authority of the offender at the time of the conduct.
Get a Tough Team of Lawyers on Your Side
Don’t even think of talking to the police without a lawyer by your side if you are accused of a sex crime. Let us work with you to determine the best course of action once all of the facts are known. Even if you deny the allegations and pass a polygraph, the police can move forward with charges. Contact ABDO LAW to formulate the best plan to defend your case. Some of our case results include outright dismissals and reduction of sex crimes to non-sex crimes to avoid the stigma of a sex crime conviction and registration as a sex offender. Please feel free to browse some of our specialized website pages and publications relating to sex crimes:
- He Said, She Said, Polygraphs, Confessions
- Peer to Peer Sites: File Sharing, Child Porn
- Indecent Exposure and Gross Indecency
- Can I be charged if only 1 person accuses me without any other evidence?
- Felony Representation in Macomb County
- Using a Computer to Commit a Crime
Registration as a Sex Offender
All Criminal Sexual Conduct (CSC) offenses require registration pursuant to the Michigan Public Sex Offender Registry (SORA).
Our criminal defense lawyers know that you could lose your job, family and reputation in the community and that an aggressive legal defense strategy is essential.
Michigan Laws Favor the Victim in CSC Prosecutions
Do not wait another minute to hire a lawyer if you are facing sex crime allegations. In Michigan, a person charged of a sex crime is limited by the rules of evidence which favor the victim:
- The testimony of a victim need not be corroborated in CSC prosecutions.
- The victim’s prior sexual history with others or promiscuous conduct is inadmissible if offered to prove the victim acted in conformity.
- The victim need not resist the actor.
Once accused or charged with a sex crime, many people, even juries, may assume that you are guilty. It is the job of a skilled criminal defense attorney to reveal motives, expose lies, and manage harmful evidence with an appropriate counter-attack.
EMAIL or CALL for a FREE CONFIDENTIAL CONSULTATION if you or a loved one is charged with a sex crime anywhere in Macomb County. Phone messages are forwarded to our attorneys. We offer same day, evening, weekend appointments, jail visits and the ability to retain us over the internet. Payment plans and all credit cards accepted.
CALL: Metro Detroit: 586-412-5555
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