Dexter Sex Crime Defense Attorney
By Daniel T. Geherin
Sex crime convictions have serious legal consequences - along with profound social stigma. There are complex Michigan sexual offense statutes on the books that make better understanding these laws a good idea. If you’re facing a sex crime charge, waiting to procure the legal guidance that you need can lead to negative consequences that haunt your future. Turn to an experienced Dexter sex crime defense attorney today.
Michigan laws address sexual misconduct that involves sexual contact, penetration, and other crimes, and the related charges are all serious.
Sexual assault charges apply when the act in question involves pressuring or forcing someone to engage in sexual conduct against their wishes. Both penetration and unwanted touching of the other person’s private parts, which can include their thighs, are classified as sexual assault. Prosecutors can also bring sexual assault charges when the victim was incapable of consenting to the sex act in question, such as if any of the following:
● The victim was asleep.
● The victim was unconscious.
● The victim was under the influence of drugs or alcohol.
● The victim was physically or mentally helpless.
Assault with the Intent to Commit Criminal Sexual Conduct
Any assault in which it's determined that the accused intended to commit criminal sexual conduct enhances the assault charge, which can be classified in one of the following two ways:
● The accused intended to engage in sexual conduct involving penetration.
● The accused intended to engage in sexual conduct involving physical interaction other than penetration, such as sexual touch.
Failure to Register as a Sex Offender
Those convicted of certain sex crimes are required to register on the Michigan Sex offender registry, and when those identified as registered sex offenders fail to follow through with registration, it amounts to a separate crime. Consider the following related criminal penalties:
● A first conviction for failing to register comes with a sentence of up to 4 years in prison and fines of up to $2,000.
● A second conviction for failing to register comes with a sentence of up to 7 years in prison and fines of up to $7,000.
● A third conviction for failing to register comes with a sentence of up to 10 years in prison and fines of up to $10,000.
The Charge of Rape
Criminal sexual conduct includes the charge of rape in the State of Michigan, and it relates to nonconsensual intercourse. Rape is a violent crime that comes with significant legal penalties and fines that can alter the course of your future.
While the term statutory rape is not specifically used in Michigan, having sex with someone who has not yet reached the age of consent, which is 16, is against the law and amounts to a third-degree criminal sexual conduct charge.
Child pornography is classified as child sexual exploitation, and it includes materials like the following:
● Film or video depictions of children who are under the age of 18 engaging in sexual acts
● Film or video depictions of children who are under the age of 18 that are sexually explicit in manner
All of the following depicted acts suffice for the charge of child pornography to apply:
● Sexual intercourse
● Erotic fondling
● Passive sexual involvement
● Erotic nudity
● Sexual excitement
● Sadomasochistic abuse
The sexual molestation of a child involves having some form of sexual contact with the minor. This can include taking photos or videos that are sexual in nature of the child or exposing the child to pornography.
Cybersex crimes refer to computer sex crimes, and there are a wide range of charges, including:
● The distribution of child pornography
● The possession of child pornography
● The downloading or receiving of child pornography
● The online enticement or solicitation of underage victims
Internet sex crimes are weighted in relation to the severity of the crime, and the related penalties are harsh.
Indecent exposure charges apply to acts involving the intentional exposure of one’s own or someone else’s private parts in public. Examples include engaging in flashing or urinating in public. The charge is elevated to gross indecency when the crime involves a sexual act in a public location – or a location where others may be exposed to or observe the sexual act.
Prostitution and Solicitation for Prostitution
Prostitution falls under the broader charge of solicitation. This criminal charge relates to actively seeking, consenting to, or offering sexual activity for pay.
The Tiers of Sex Offenders in Michigan
In Michigan, sex offenders are classified in tiers according to the crime they were convicted of, their victims’ ages, and the potential likelihood that they will re-offend.
Tier III Sex Offender
Tier III relates to the most serious offenses, including criminal sexual conduct in the first, second, or third degree. An example is gross indecency against a child who is under the age of 13.
Tier II Sex Offender
Tier II sex offenses generally relate to criminal sexual conduct in the second or third degree, and solicitation of a minor for immoral purposes is an example.
Tier I Sex Offender
Those classified as Tier I sex offenders have generally been convicted of criminal sexual conduct in the fourth degree. Examples include child pornography and indecent exposure.
Your Defense Strategy
Facing a sex crime charge can be overwhelming, and in many instances, it can feel like it comes down to the other person’s word over your own, which can be a difficult battle to fight. While the charge against you is specific to the circumstances involved, there are several basic defense strategies that may apply, including:
● Your accuser made a false accusation against you.
● Yours is a case of mistaken identity.
● The prosecution doesn’t have enough evidence to prove your guilt beyond a reasonable doubt.
● The evidence being used against you was obtained through illegal search and seizure.
● You weren’t read your rights, including the right to remain silent and the right to an attorney at the time of your arrest or prior to interrogation by the police.
While you’re innocent until proven guilty, and the burden of proof is on the state, bringing a solid defense from the start is the surest mechanism for helping to ensure a favorable case resolution.
Contact a Sex Crime Defense Attorney in Dexter Today
To us at Geherin Law Group, it’s personal. Personal justice, personal results, and personal attention. If you’re facing a sex crime charge in or around Ann Arbor, please give us a call or email for a free consultation at (734) 263-2780 or email@example.com. We'll listen to you, answer your questions, and discuss our firm’s track record of criminal defense success in Washtenaw County. Daniel T. Geherin is a board-certified trial attorney with over 25 years of experience. Dan and his team are here to help you put together a plan of attack.