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Past Sexual Conduct and Past Sexual Crimes Rule of Evidence HOW TO KNOW WHAT IS OR IS NOT ADMISSABLE WHEN CHARGED WITH A SEX CRIME CHARGE Navigating a sex crime charge can be devastating for both the defendant and the complainant. While the burden of proof lies with the prosecution, the jurors always have a…

What is a Forensic Interview? What is a Forensic Interview? A forensic interview is an interview technique by someone who has been specifically trained to question children in order to gather information from those who may have experienced child sexual or child physical abuse. THE GOAL The goal of this interview process is to obtain…

Statistics show that at least one person in America gets sexually assaulted every 96 seconds. If a person chooses to seek legal redress for the assault, the first step taken may be to inform the police. However, it may be difficult to get justice without tangible evidence. Technological advancements have made it possible to collect…

Traditionally laws about criminal sexual conduct were for moral condemnation of women who were not considered “morally upright.” The law allowed for the admission of an accuser’s sexual history as evidence in a rape case. That means courts considered the complainant’s sexual history as evidence relevant to determining the truthfulness of an allegation. As a…

Federal Law: Possession and Distribution of Child Pornography One of the most common forms of child sexual abuse is child pornography. A person can face child pornography charges for producing child pornography, possessing child pornography, or distributing child pornography, all of which are forms of child sexual exploitation. Regardless of which child pornography charge you…

What is a Mandatory Reporter? In Michigan, we have what are known as “Mandatory Reporters,” also known as “Mandated Reporters.” What is a Mandatory Reporter? Michigan has designated professionals that are required to report suspected abuse to Child Protective Services (CPS) and Health and Human Services if he/she has a “reasonable cause to suspect” that…

Consent is a very critical element of any sexual encounter. Without it, you could face criminal charges resulting in devastating consequences that can last for a lifetime. Our sex crimes lawyers are here to help. For that reason, it is vital that both you and your partner be clear about your intentions to engage in…

What Does Non-Consensual Sex Mean? Non-Consensual Sex Meaning Non-consensual sex is best defined as engaging in sexual activity with another person, regardless of gender, that he/she did not agree to participate in. There are several different ways to communicate and determine if it was a consensual or non-consensual encounter. Non-consensual sex, or sex without consent,…

What is a One-Party Consent Call? Can I tape a phone call where the other person on the phone doesn’t know I am taping the call? This is a common question asked over and over again. The answer is not clear cut, but this article is going to help you understand whether or not you…

General Intent vs. Specific Intent: What is the Difference? For purposes of being charged and tried in a criminal case, there are different types of criminal activity that can be categorized by the defendant’s state of mind. This means, the intent of the defendant in committing the crime is very important. A person’s “intent” refers…