Expert Sex Crimes Attorney
Any sex crime or sexual offense is treated very seriously by the judicial system. Whether you have been accused of sexual assault or sexual exploitation of an adult or child, the stakes are extremely high in your case which is why you will want a Howell defense attorney and sexual offense lawyer on your side. Alleged offenders can face a lengthy prison sentence, registration as a sex offender, restricted presence with people under the age of 18 (including your own children), damaged reputations, broken relationships, the loss of certain licenses and jobs, and geographic restrictions as to residency (where a sex offender may live).
Note: if you are registered as a sex offender, your name, address, photograph, and the convicted sexual offence will be public for anyone to see. This can create social ostracism, difficulties finding a job, and limited housing opportunities.
Sex Crimes can include: statutory rape, sexual abuse, sexual battery, indecent exposure, child molestation, child pornoghaphy, and internet sex crimes, and human trafficking.
Rape, Statutory Rape, or Criminal Sexual Conduct of Various Degrees
By definition, rape is forced or non-consensual sexual intercourse. The fact is rape is one of the most serious sex crimes a person may be accused of committing. Conviction can be a maximum sentence of 15 years in prison. In some cases, rape is punished by a maximum of 20 years in prison in some aggravating factors (for example: the person raped is under 15 years of age).
Date rape occurs when rape is committed by someone with whom the person has a relationship. The relationship can mean that the couple just met each other at a night club, they are on a date, or they have been friends for years. The duration of the relationship is not a big issue with the authorities. They only care that there was a relationship prior to the alleged rape.
Sexual abuse is defined as a form of non-consensual contact of a sexual nature. Acts in this category are improper touching, and molestation. The sexual abuse is typically done by the perpetrator through force or manipulation.
Battery may be described as unlawful and unwanted physical contact. When this physical contact is of a sexual nature, it may be sexual battery. Sexual battery involves such offenses as molestation, fondling or forced sexual intercorse. Depending on the age of the victim and injuries sustained during the crime, sexual battery may be charged as a misdemeanor or a felony. A defendant may face jail, fines, victim restitution and being registered on the sex offender list.
Intentionally exposing oneself in public may be considered the criminal act of indecent exposure. It is illegal, can be penalized, and will land you on the sex offender registration. An example of indecent exposure is urinating in a public setting. An exception of this would be a woman breastfeed in public, despite any part of her breast showing to the public.
Sexually Delinquent Person
If a charged individual is considered a sexually delinquent person at the time of the criminal act, the violation is punishable for a mandatory sentence of one day to life in prison. A sexual delinquent person, according to the Michigan Law (750.10a) is a “person whose sexual behavior is characterized by repetitive or compulsive acts which indicate a disregard of consequences or the recognized rights of others, or by the use of force upon another person in attempting sex relations of either a heterosexual or homosexual nature, or by the commission of sexual aggressions against children under the age of 16.” A serial flasher would be an example of a sexually delinquent person.
Prostitution is described as the act or occupation of engaging in sexual activities to obtain money for payment. It often includes one person (acting as the employer) forcing, persuading, or encouraging another person to perform a sexual act. This is referred to as “pandering.”
Indecent sexual conduct, involving a child, can be considered a sex offense called child molestation. It involves sexual activity between an adult and a prepubescent child. It is illegal for an adult to touch a child in any lewd or sexual manner, even if a child agrees to such conduct.
Accosting a Child for Immoral Purposes
If a person accosts, engages or solicits a minor (underthe age of 16 years) with the intent to commit a lewd act, that is sexual or includes gross indecency, and is found guilty the crime is a felony. It can include a punishment of imprisonment for not more than 4 years and a fine of not more than $4,000 or both. This punishment applies even if the person accosting the underage child does not know the child to be under the age of sixteen (750.145a).
The legal age of consent is 16 in the state of Michigan. Any individual who engages in sexual activity with children who are 15 and younger can be convicted of statutory rape. Statutory rape is also known as criminal sexual conduct (CSC). Teachers are not allowed to engage in sexual activity with any student of any age.
According to Michigan and Federal Law, it is illegal to possess, produce, or distribute any form of pornographic material depicting any child under the age of 18. Any person violating this law will face state or federal charges and face a minimum of a first-degree felony.
Even though the public often congers up images of a creepy person that engages with child pornography, the age of the Smartphone has changed that stereotype. Now, a 17-year-old boy that receives a consensual nude image of his 16-year-old girlfriend, and does not delete it immediately, can be charged with possession of child pornography.
Human Trafficking can involve prostitution and includes other things such as forced labor, physical violence, threats, abuse, restraint against one’s will, and harm to a person’s mind/body. Although once thought to be an overseas problem, it is more and more frequently found here in America.
Today most people have access to computers and the internet. As a result, there are laws in place to protect individuals from sex crimes than may occur online. Typical types of sex crimes on the internet include – child pornography, luring a minor to you, and committing other sexual offenses on or over the internet.