In Michigan, it is unlawful to engage in sexual activity with a person who is unable to consent. In attempting to prove a person engaged in criminal sexual conduct, the prosecution will typically rely on circumstantial evidence, which may include proof that the person previously engaged in similar acts. While evidence of prior bad acts is inadmissible to establish guilt, it can be introduced to show a motive, plan, or scheme, as discussed in a recent Michigan ruling. If you are faced with accusations that you committed a sex offense, it is in your best interest to confer with a Michigan criminal defense lawyer to assess what evidence the state may attempt to use against you.
The Alleged Crime
It is reported that the victim and the defendant attended a work event together. After the event, they went out drinking along with other individuals. The victim became intoxicated and returned to another companion’s hotel room, where she became sick and then fell asleep.
Allegedly, she awoke hours later and noticed that the defendant’s arm was around her and his hand was feeling around inside of her underwear. The victim elbowed the defendant, who stopped. He was later charged with third-degree criminal sexual conduct. He was convicted, after which he appealed. Continue Reading ›