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  1. #1
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    Nov 2011
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    Lightbulb Defending a Sexual Assault Charge by Claiming the Victim is a "Woman Scorned"

    My question involves criminal law for the state of: Michigan

    Hello – I’m asking a question for a friend that does not have internet access – that is also in Michigan. He was recently charged with sexual assault by a “woman scored” according to him. He is in his mid-50’s and she around 45 y/o . He was cheating on his current girlfriend with this woman in that he kissed her and left a hickey on her breast but felt guilty (again according to him) before it went further. He promised to return after making an excuse to leave but in a follow-up call told her that he was in a relationship and was no longer interested in her. She was infuriated (go figure she didn’t like to feel used) then called the police about 8 hours later and reported the consensual kissing on fondling as an assault.

    He was later arrested and question by the police, he gave a statement of events figuring he had nothing to hide and nothing to be concerned about once he explained what happened – but in his ignorance it was accepted as admission guilt. He was appointed an attorney that asked him to take a plea to a lesser offence; I think he was changed with csc 4th degree, later added 2nd degree if I understand correctly. He fired the appointed attorney when they insisted on a plea deal even after hearing his version of events. He borrowed 2k and hired a local attorney (from his current girlfriend for some added irony). He asked to take a polygraph even though he knew the plaintiff couldn’t be forced to do the same, even if not admissible – but to let his new attorney, the prosecutor, and the judge know he passed – but his new attorney missed the appointment and the prosecutor refused to reschedule. The case then went to a preliminary hearing and will be going to trial, but his current attorney now decided it would cost him an additional 10k to represent him at trial that he does not have. What do I tell him to do now? Contact the prosecutor and continue to insist on the polygraph? (sorry about the long read – but thanks in advance for you opinions) Also – he plans to litigate if possible later for the false accusations against the plaintiff, and if possible those in the prosecutor’s office as well. I advised him to request a jury trial and simply tell the truth on the stand, and even though his current attorney says it’s an easy case for him to win at trial, now armed with the inconsistencies the plaintiff provided in testimony, my friend is not so sure.

  2. #2
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    Default Re: Defending a Sexual Assault Charge by Claiming the Victim is a "Woman Scorned"

    He needs to follow the advice of his attorney, who is there and privy to all the facts.

  3. #3

    Default Re: Defending a Sexual Assault Charge by Claiming the Victim is a "Woman Scorned"

    Quote Quoting michiganguy
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    He was recently charged with sexual assault by a “woman scored” according to him.
    He was accused by the woman. If he was charged with a crime, that came from the state.


    He is in his mid-50’s and she around 45 y/o . He was cheating on his current girlfriend with this woman in that he kissed her and left a hickey on her breast but felt guilty (again according to him) before it went further. He promised to return after making an excuse to leave but in a follow-up call told her that he was in a relationship and was no longer interested in her. She was infuriated (go figure she didn’t like to feel used)
    Yep, doing stuff like that can have unintented consequences. "Hell hath no fury like a woman scorned" was coined for a reason. Some women will even go so far as to knowingly file false police reports. Problem is that PROVING what someone knows or doesn't know is neigh on impossible for prosecutors, and thus it's very rare that such prosecutions occur.


    then called the police about 8 hours later and reported the consensual kissing on fondling as an assault.
    Only 8 hours after a first instance of them doing some petting? That doesn't sound normal. There are details missing.


    He was later arrested and question by the police, he gave a statement of events figuring he had nothing to hide and nothing to be concerned about once he explained what happened – but in his ignorance it was accepted as admission guilt.
    Ignorance is right. He really should have kept his mouth SHUT until he could have an attorney present. Lots of perfectly innocent people blab lots of stuff that can be used against them.


    He was appointed an attorney that asked him to take a plea to a lesser offence; I think he was changed with csc 4th degree, later added 2nd degree if I understand correctly. He fired the appointed attorney when they insisted on a plea deal even after hearing his version of events. He borrowed 2k and hired a local attorney (from his current girlfriend for some added irony).
    Problem is that he confessed to at least SOME element of what was being accused. That's why the public defender was likely prompting a plea to a lesser (preferably non-sex-related) charge. As always, if one isn't happy with the attorney one has or gets appointed, retaining another is recommended - so at least he's gotten his own dog for the fight.


    He asked to take a polygraph even though he knew the plaintiff couldn’t be forced to do the same, even if not admissible – but to let his new attorney, the prosecutor, and the judge know he passed –
    The prosecutor and judge won't care. Even with a pass, the results are, for all intents and purposes, meaningless, since the whole REASON they're inadmissible is because they're not reliable.


    The case then went to a preliminary hearing and will be going to trial, but his current attorney now decided it would cost him an additional 10k to represent him at trial that he does not have. What do I tell him to do now?
    Tell him to beg, borrow, mortgage his house, sell his car, whatever he has to do to retain this or some other attorney. His initial statements at SOME level supported the complainant's claim, else the state wouldn't have picked up the case for prosecution. He turned down the plea agreement, and the state isn't obligated to offer another or offer the same deal again - so if it's going to trial, he NEEDS representation. A criminal conviction for rape will follow him potentially for the rest of his life in one way or another.


    Contact the prosecutor and continue to insist on the polygraph?
    If the prosecutor wanted a polygraph, they would be the ones insisting. The accused doesn't have a right to insist on anything other than a trial.


    Also – he plans to litigate if possible later for the false accusations against the plaintiff,
    Understanding that he'll need another several thousand to hire a civil attorney for that lawsuit, right?


    and if possible those in the prosecutor’s office as well.
    Not a chance. The prosecutor's office has a duty to pursue crimes reported to them.


    I advised him to request a jury trial and simply tell the truth on the stand,
    Even after he told police the same thing and ended up charged with a crime? No. He needs to do what his ATTORNEY tells him to do.


    and even though his current attorney says it’s an easy case for him to win at trial,
    Probably so. Like most rape cases where the parties know each other and where no injury or violence occurred, it comes down to "he said, she said"...cases that are hard to prosecute because it's a very high burden of proof to meet the legal standard of "beyond a reasonable doubt". He'll say it was consentual. She'll say it wasn't. And the state and the defense will present circumstances, statements, or other evidence to try to convince the jury one way or the other. However, the defense has the upper hand, because the entire burden of PROOF is on the prosecutor. The defense doesn't have to prove anything.


    now armed with the inconsistencies the plaintiff provided in testimony, my friend is not so sure.
    That's why he's got to depend on the opinion of his attorney, who has been able to evaluate the state's case against him.

  4. #4
    Join Date
    Jul 2012
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    479

    Default Re: Defending a Sexual Assault Charge by Claiming the Victim is a "Woman Scorned"

    You don't TELL him to do anything. He can't force the state to polygraph him, and it's unclear why he wouldn't show up and take one regardless of whether his attorney showed up or not if that was his only choice.

    "She was infuriated (go figure she didn’t like to feel used) then called the police about 8 hours later and reported the consensual kissing on fondling as an assault."

    I'd say it's a bit difficult to argue a hicky was part of an assault unless you had scratches or something on you to indicate she "fought back".

    Your friend is free to talk with a different attorney about representation and ask for a flat fee rate. This oughtn't take $10k worth of time to prepare for and deal with. This isn't a $2k case, however, if it goes to trial.

    "Also – he plans to litigate if possible later for the false accusations against the plaintiff ...."

    He needs to set this aside and focus on the present issues. Only if the prosecutor dismisses the charges or he winds up being found not guilty is he in a position of pursuing a malicious prosecution claim. He can forget the idea of suing the prosecutor/the state altogether; he has no claim for such a thing and they have immunity (and it sounds like they're doing it based on the accuser's claims, not out of, say, personal spite or because she's paying them off).

  5. #5
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    Nov 2011
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    12

    Default Re: Defending a Sexual Assault Charge by Claiming the Victim is a "Woman Scorned"

    First – thanks for a prompt reply. As for something missing - I agree – in fact I thought the whole thing was some convoluted joke he was playing with me as none of it made sense. I asked what was her motive? Scorned? Greed (hoping to win a criminal case to later file in a later civil case)? Maybe even a defense given to an “ex” or current boyfriend when she was caught cheating? Had she done this before? It was no joke and he is still incensed, as anyone would be, of even being charged with such an offence. He told me that he met her when she asked for a ride form a local party store a couple months previous when she was in another apartment in the same complex where he dropped her off – they made small talk and she asked his to stop back later. In the police report her statement raises a lot of questions but without a counter explanation sounds believable. She moved apartments and in her statement said it was to avoid someone that dropped her off when she needed a ride home and the guy later seemed a stalker type (he says the other apartment was larger for the same price and she had planned to move). After she moved he stopped by to visit to find her sitting outside the other apartment and she invited him in to show him the new place. Her neighbors were questioned and could only confirm they recognized the vehicle he drove, the day she claimed the assault, and that no one heard anything that sounded like an argument or fight. He states that they visited for a while – he fixed a couple issues with her new apartment while there, they discussed issues she was having with her “ex” that called while they visited, and as odd as it sounds in such a causal relationship at one point she asked if she could have his car .

    In the police report it lists the hickey as an abrasion which increased the severity of the charges to my understanding. He says she was the aggressor, and that he was a willing participant – but again his word against his. He says that he was not only not asked to leave but that she was expecting him to pick her up later to go to a local event, where the police later found him selling items related to the event to those that attended by her descriptions that night. When questioned he thought he was in trouble for selling without a permit to do so and was taken by surprise that he was being arrested and that someone claimed he had assaulted her earlier in the day, or at any time for that matter. He made a statement, angry and even being questioned about a sex crime thinking that the whole thing was ridiculous and that it would be “thrown out” and as most would think that asking for a lawyer immediately would give the appearance of hiding the facts or being guilty of wrongdoing. They both state there was no penetration or attempt. She claims the hickey was an act of aggression and was a bite mark, he says he gave her a hickey while her hands were down the front of his pants – interrupted by the phone call from her “ex”. It looks like it would have been a lot cheaper for him to give her his only car and ask for a ride home himself in retrospect.

    Maybe she was looking for a “sugar daddy” but sure picked the wrong guy since he’s broke and with all his failed entrepreneurial ventures will likely remain that way. I’ll print him off a copy of replies to this post – and again – thanks for the input. Guess we’ll see how it plays out in court, and I’m surprised that it even went this far, but hopefully my knucklehead friend in his “guilty till proven innocent” position comes out ok. Thanks again.

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