If you're currently facing charges of criminal sexual conduct, it's essential that you get in contact with a reputable attorney right away. The severity of penalties for criminal sexual conduct ranges from minor to extremely severe.
O'Keefe law has considerable experience fighting criminal sexual conduct cases in state courts throughout Michigan. If you want the best chance possible for success in your criminal sexual conduct case, you need to choose a team that understands the complexity of sexual crime law.
We'll explore this complex topic in further detail.
Criminal sexual conduct encompasses a wide range of sexual crimes. You can receive a charge of criminal sexual conduct for several things, including sexual assault, sex acts using coercion or force, sexual acts with a minor, and more. Regardless of the accusation, criminal sexual conduct is a crime that is taken extremely seriously by Michigan state officials.
If allegations are brought against you, you can be assured that police will conduct a thorough investigation and that prosecution will most likely begin to build a case against you. The problem is that many allegations of criminal sexual conduct lack enough evidence for a proper conviction.
If you're experiencing false allegations, it's essential to work with a lawyer that understands the burden of proof. Far too often, lawyers allow the prosecution to force the defense to prove innocence; however, it's the prosecution's job to prove guilt.
At O'Keefe Law, our prosecutorial experience positions us well to understand the minds of prosecutors seeking convictions on sex crimes.
Penalties for criminal sexual conduct fall across a broad spectrum. The sentence you face for criminal sexual conduct will often depend on the severity of the crime. Michigan divides criminal sexual conduct into four separate degrees:
First Degree: Maximum sentence of life in prison
Second Degree: Maximum sentence of 15 years - you may also have to wear an electronic monitoring system, depending on the age of your victim
Third Degree: This degree also leads to a maximum of 15 years in prison
Fourth Degree: Maximum sentence of two years in prison, a maximum fine of $500
As you can see, there are considerable disparities in the potential punishments you can be handed if you face conviction of criminal sexual conduct.
A potential lifetime prison sentence is no laughing matter. If you believe you're facing severe criminal sexual conduct charges, you need to get in touch with a lawyer right away. The longer you wait to obtain legal advice, the stronger the case against you will be.
Trials are a results business. If you choose an attorney that can't win your case, you're already losing your battle. At O'Keefe Law, we take pride in our ability to provide the best possible defense in the Michigan area. We don't play around when it comes to the future of our clients’ lives.
Our comprehensive approach ensures that we put the prosecution on the back foot. Too many subpar trial attorneys and public attorneys don't fight hard enough for your case. If you want to ensure the best chance of winning your trial, choose a team that has had success fighting a wide range of sex crimes allegations.
The reality is, criminal sexual conduct isn't just about your potential jail sentence. There's much more at stake when you're accused of a crime this serious. If you want to avoid life-changing character damage, it's essential to defend yourself as much as possible.
You're not just defending your case; you're defending your reputation within the community. If you've been falsely accused of criminal sexual conduct, it's vital to protect your reputation as vigorously as possible by using an attorney that can fight for you in the courtroom.
With modern search engines and viral content, if you face criminal sexual conduct allegations, it's effortless for individuals to find information about it. The best rebuttable is an acquittal.
If you're facing criminal sexual conduct charges in the state of Michigan, there’s no better firm than O'Keefe Law. We pride ourselves on being specialists in providing robust defense strategies for our clients. We give our clients the best chance of winning their case in a Michigan courthouse.
As you can see, we're more than willing to take on extremely complex sexual conduct cases. Get in touch with one of our criminal attorneys today!
As the custody battle rages on, Bethany begins having a dialogue with Troy about all the “bad” things his dad allegedly did to him before the divorce, about “good touch, bad touch,” about how it’s important “to tell” someone when abuse has occurred, and so on and so forth. She has been coaching the boy to disclose abuse. After repeatedly and suggestively questioning young Troy, his mother seeks to elicit a disclosure of sexual abuse so that she can terminate James’s parental rights. She sees this as the best way to get Troy all to herself. Troy finally buckles under his mother’s pressure, and states that his father had sexually abused him when he was about 6 years old. Troy says his mother was at work and he was home alone with his father when the assault happened. Troy’s mother takes him to see a therapist and explains to the therapist that Troy had disclosed sexual abuse to her. The therapist repeatedly questions Troy and the boy again states his father sexually abused him when he was 6 years old.
Eventually, Bethany contacts the police to report that Troy has accused his father of criminal sexual conduct involving penetration (CSC 1st Degree) when he was 6 years old. In Michigan, CSC 1st degree, with a child under the age of 13, carries a mandatory minimum sentence of 25 years in prison. A detective is assigned to the case. We will call him Detective Niedermeyer. Niedermeyer has been a detective for approximately 15 years. Although he has received training on conducting interviews of children—these are called “forensic interviews”—he has not been deemed proficient by his department. Everybody at the police department knows Detective Niedermeyer isn’t any good at getting kids to open up. Besides, Niedermeyer will be busy collecting evidence from other witnesses, if there is any other evidence.
Niedermeyer contacts a colleague of his to conduct the forensic interview of Troy. We will call her Officer Friendly. Officer Friendly has been a police officer for approximately 20 years. 17 years ago, she received training on how to conduct a forensic interview of a child. She has never gone back for additional training, but has conducted hundreds of forensic interviews of children. Niedermeyer schedules Officer Friendly to conduct a forensic interview of Troy for the following week. Troy spends the entire weekend and week preceding the interview with his mother, who continues to talk to him about his “allegations.” Officer Friendly is scheduled to conduct the interview at a children’s assessment center, which is separate from the police department and is specially designed to make children feel comfortable and safe. In advance of the interview, Officer Friendly is supposed to perform background investigation in order to develop viable, alternative hypotheses that could offer an innocent explanation for the disclosure. For example, the child may have been touched through routine caregiving (wiping, washing, etc.); the touching was accidental; or there was bad blood and a custody battle where mom is trying to take Troy away from dad.
But Officer Friendly does not take the time to explore these alternative hypotheses. Michigan’s Forensic Interview Protocol requires the interviewer to develop these alternative hypotheses before conducting the interview. But Friendly has her own “confirmation bias,” which means Friendly has a tendency to interpret evidence as confirmation of her existing beliefs or theories. She enters the room with only one belief, that James is guilty of sexually assaulting his son. Now all she needs is a disclosure from Troy and they are off to the races. When she enters the interview room, Friendly immediately begins talking to Troy about something “bad” that may have happened to him. This opens the door for Troy to talk about how his father sexually abused him when he was 6 years old. Troy cannot remember exactly when it happened, but he remembers it happened in his bedroom while his mother was at work. Troy has great difficulty remembering details. When he does remember details, they are bizarre and make no sense. Officer Friendly helps him out by suggesting things that may have happened to him, and by suggesting that his father is a bad, violent, or dangerous guy. Friendly encourages Troy to talk about all the bad things his dad has ever done. Troy tells Officer Friendly that his dad had pushed him down a flight of stairs one time, although he suffered no injuries as a result and never reported it to his mother.
Troy is not supposed to know that Officer Friendly is a police officer. In fact, Officer Friendly is wearing plain clothes to look as if she is not a cop. This is in keeping with forensic interview protocols. If Troy knows she’s a cop, he may be more likely to agree with her because she is an authority figure. This is especially dangerous when Troy has been taught to respect and agree with police officers, which his mom and dad taught him at a young age. But Troy’s mom, in the car on the way to the interview, tells Troy that he is going to be interviewed by “Officer Friendly.” So Troy already knows she’s a cop despite her being dressed in plain clothes and not having her gun or her badge in the interview room.
Eventually, Troy tells a story about how his father sexually assaulted him, one time, back when he was around 6 years old. It’s been about 5 years since this allegedly happened, so there is no DNA to be collected from Troy’s person. Additionally, the penetration described by Troy is slight, oral penetration—which still constitutes CSC 1st Degree. Any entry into Troy’s mouth, no matter how slight, is enough to constitute penetration. But because the penetration described by Troy is not physically traumatic, there is no evidence of injury. Troy’s description of the one sexual act is not likely going to result in an injury to Troy’s body. In summary, there is no physical corroboration of Troy’s account. There is only one piece of evidence: Troy’s statement.
Now, you are probably thinking, ‘why did this guy spend so much time talking about this case, and what does it have to do with the exclusionary rule and fruit of the poisonous tree doctrine?’ The answer is simple. Unlike a drug case where evidence that has been seized unlawfully by the government, these cases have the opposite effect. Evidence is essentially being planted into the mind of the child. And not only is it planted, but it is fertilized through improper questioning, confirmation biases, and the prosecutors’ zeal to convict these people because of a mere allegation; an allegation that is planted and burned into the child’s memory, perhaps for the rest of his life.
With the story of Troy, the prosecutor now has everything she needs to get a conviction of James. In fact, even if the prosecutor fails to convict James in the criminal court, she may still proceed in terminating James’s parental rights using the same faulty evidence they used in the criminal trial. The recording of the forensic interview itself is hearsay. In Michigan, hearsay is defined as a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted (See Michigan Rule of Evidence 801(c)).
Remember, all the prosecutor needs to sustain a conviction is for Troy to say those magic words on the witness stand. They do not need any additional, corroborating evidence to sustain a conviction. The law does not require it. So once the false memory has been “planted” by Troy’s mom, therapist, and Officer Friendly, it gets stuck there, and Troy may come to believe it actually happened. This is especially common in cases where the child delayed reporting the alleged abuse for several years because most often, the child is very young when the abuse is said to have occurred.
In Michigan, the Prosecuting Attorneys Association of Michigan puts on trainings every year to train police officers, protective services workers, and even prosecutors on the proper implementation of the Forensic Interviewing Protocol. These courses are typically taught over the course of a weekend and resemble a business training course conducted at a hotel conference room. At the end of the three or four day training seminar, the trainee is “certified” to conduct forensic interviews. Sadly, that is the only training they need. There is no written test. They do not have to show that they know and understand the protocol itself. They do not have to go back to continue their training and keep their “certification.” There is no governing board to ensure they maintain certification and possess the requisite competency to do such interviews. All they have to do is show that they have a basic understanding of how to conduct the interview by performing a mock interview of an adult standing in as a child. And BAM, just like that, they are anointed as experts in interviewing children.
Sadly, most police officers who conduct forensic interviews have no idea what they are doing. They do not understand the psychology behind the protocol. They don’t even know the protocol. It ought to be a law that police officers cannot conduct these interviews, especially the very police officer who is charged with the task of investigating a potential crime or crimes. There simply is too much confirmation bias, too little training, and no way to undo the damage they can cause to a case.
In a recent trial where I defended a man who was falsely accused of sexually assaulting his ex-girlfriend’s twin daughters, I asked the detective who conducted the interview—and investigated the criminal case itself—if she could name any of the alternative hypotheses listed in the Michigan Forensic Interviewing Protocol. (She had held herself out as an expert in conducting these interviews). On Page 29 of Michigan’s Forensic Interviewing Protocol, the common alternative hypotheses are listed as follows:
Yet the detective could not name a single one of these alternatives. As I read them aloud, the detective acted like she did not recognize them. This astonished me because she was supposed to be a forensic interviewing guru. And the prosecutor volleyed multiple objections, seeking to disrupt my rhythm as I got closer and closer to exposing the detective for a fraud. It did not make sense to me that a prosecutor would try so hard to obfuscate the truth and to hide important details from the jury that would negate the defendant’s guilt. In that particular case, the child delayed reporting for a decade. When she turned 16, she saw Taylor Swift came out and disclosed that she had been sexually assaulted. An infamous physician at Michigan State University, Larry Nassar, had recently been convicted of sexually assaulting hundreds of young girls under the guise of medical treatment. Her dad had also shown an interest in wrestling away their mother’s custody rights. At the trial, wherein my client was accused of sexually assaulting this girl, her friends sat in the gallery of the courtroom like they had come to watch a movie. Had the detective, who was also a student resource officer at these girls’ high school, sniffed out this viable alternative hypothesis (e.g., the child exaggerated about an event to show off to friends), we may never have gone to trial. My client may never have been arrested.
Now in this case, the girls’ father was very bitter toward my client. My client started dating the girls’ mother as she was in the process of divorcing the father. The father was insanely jealous of and angry with my client, to the point where he threatened to have my client sent to prison for breaking up his family. It also seemed that the father was doing some coaching with his daughters; that they had recently read a novel about a high school girl being sexually assaulted. Although the girls were now 16 years old, they were describing something that allegedly happened when they were around 6-8 years old.
What used to be taboo and difficult to talk about now has become something that is honored in the name of bravery and courage. They used to be called “victims” of abuse. Now they are called “survivors.” They used to be called “Jane Doe.” Yet many young women now publicize their claims under their real names, and may even seek media attention and book deals.
In this case, there were probably at least a half dozen alternative hypotheses. Yet the detective did not explore any of them. And that is a real problem we have in America where detectives consistently fail to explore alternative theories. They want to see the accused get charged, arrested, and convicted before they will ever consider they could be wrong.
In an era where corroboration of the child victim’s testimony is not necessary, we will see more and more prosecutions based solely on the child’s word and nothing more. Without a special exclusionary rule, the government will continue to foist false allegations onto the lips of the child. There is a dire need for extensive and regular training for police officers and protective services workers who conduct forensic interviews of children. There is also a need for a governing body to ensure that only those persons who are competent will obtain and retain their certification as a forensic interviewer. They should not be permitted to testify as though they are some kind of guru who has the special ability to coax an allegation out of a child simply because they have been doing these interviews for a long time, especially when most of them have been doing it wrong the whole time. The shifting climate from shame to acceptance—even notoriety—for sexual assault victims also creates new problems for those persons who are accused of these crimes. The chances of them being seen as “believable” will increase as the fervor surrounding victims’ rights continues to grow. The danger of this “default to truth” theory—that no child in his right mind would ever fabricate such an allegation—can be found in the hundreds, if not thousands of convictions of innocent persons around the country, especially here in Michigan. These dangers are especially inherent in custodial disputes, where 33% of the allegations are false and likely due to coaching and repeated questioning designed to make the kid believe there was abuse when there was none. We have entered a new era, the era of uncertainty. We need effectuate change in this area before another innocent person is convicted of this heinous crime.
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