Category : Rape

Wrongfully Charged Victims

Wrongly Accused in Sex / Murder Case

 

Many innocent persons are wrongly charged victims as a result of police suspecting them of a crime based upon a wrong tip or bad evidence. Their lives are affected when their homes, businesses and personal property are searched, their names are put in the newspaper and their reputations are tarnished with being accused of a crime. Even after they are acquitted or charges are dropped, their lives can continue to be disrupted under the cloud of suspicion initially raised against them.

Matthew Hurayt  Case

Take for instance the Matthew Hurayt  Case. In 2006, Matthew Hurayt and his roommate John McDonough were arrested because a tipster told police that Hurayt had raped and killed De Jesus and buried her body under his new garage. Police searched Hurayt ’s house, dug up his yard and under his garage looking for De Jesus’ remains, which were not found. After spending a weekend in jail for suspicion of aggravated murder of De Jesus, who vanished mysteriously in 2004, Hurayt, a convicted sex offender, and his roommate were ordered released by a Judge on September 25, 2006, who rejected the assistant county prosecutor’s request to increase the bond on an unrelated assault case.

Hurayt subsequently filed a claim for compensation for $20,000 in damages to his property with the city’s Moral Claims Commission, but the claim was rejected.  In 2006, he was convicted on an assault case and released in 2010.  For the past three years, he has been harassed by people who broke his windows, set fire to his garage and harassed him with telephone calls thinking he was still connected to Gena De Jesus’ case.

Gena De Jesus along with victims Amanda Berry and Michele Knight were found alive on Monday May 6, 2013, after a 911 call led police to a house in Cleveland, Ohio where the three young women had been held in captivity for approximately 10 years. In a press conference, De Jesus’ mother called upon the community not to retaliate against the family of the three suspects arrested in the girls’ kidnapping case, referring to the Castro brothers.

Ohio Criminal Defense Attorney Can Help Wrongfully Accused

If you have been wrongfully accused of a crime, an Ohio criminal defense attorney can help you fight the charges and clear your good name and reputation to get the charges acquitted or the case dismissed. Your Ohio criminal defense attorney can also determine if your records can be sealed and help you with the process so that your life is not further disrupted, making it more difficult to find a place to live or a job.  In the circumstance above, Hurayt was convicted of another case and had to register as a sex offender regardless of the false accusations surrounding the De Jesus case.  Our legal system has a basic footing in which “the law presumes that persons charged with a crime are innocent until they are proven by competent evidence to be guilty.”  This quote is found in the comments on Supreme Court case Coffin v. United States, 156 U.S. 432 (1895).

 

 

 

 

Pro-Christian Activist Lawyer Arrested for Juvenile Sexual Criminal Activity

 

Pro-Christian Activist Lawyer Arrested for Juvenile Sexual Criminal Activity

Lisa Biron, a New Hampshire lawyer, who was arrested by the FBI in November 2012 and charged with transportation with intent to engage in criminal sexual activity, possession of child pornography and five counts of sexual exploitation of children, has been found guilty by a jury on January 10, 2013. She faces a 25 year sentence.

What lead to her arrest was a tip that Manchester police received from a man who reported he saw pornography on Lisa Biron’s computer. After obtaining a search warrant for her home, police found pornographic materials on her computer, which included pedophilia. Prosecutors allege that Biron took a teenage girl from Manchester to Ontario, Canada, on May 25 and forced her to engage in sexual acts with men, while Biron made a video recording.  It turned out later that the girl was Ms. Biron’s 14 year old daughter. Biron also videotaped herself having sex with her daughter.

Two witnesses also claimed they had seen Biron in possession of illegal drugs including cocaine, ecstasy, and marijuana, as well as being involved in similar incidents with other juveniles who have been subjected to having sex.

Ms. Biron is part of an anti-gay Christian lawyers’ movement and pro-Christian activist. She is also on the board of directors at Mount Zion Christian School in Manchester.

Child Pornography and Related Penalties and Sentences

Under Section 649-B:3, computer child pornography is prohibited in New Hampshire.

“I. No person shall knowingly:
(a) Compile, enter into, or transmit by means of computer;
(b) Make, print, publish, or reproduce by other computerized means;
(c) Cause or allow to be entered into or transmitted by means of computer; or
(d) Buy, sell, receive, exchange, or disseminate by means of computer, any notice, statement, or advertisement, or any minor’s name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information,
for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any child, or the visual depiction of such conduct.”

Any person who violates this section can be charged with a Class B felony.

Under Section 649-A:3 possession of child sexual abuse images is illegal.

“ I. No person shall knowingly:
(a) Buy, procure, possess, or control any visual representation of a child engaging in sexually explicit conduct; or
(b) Bring or cause to be brought into this state any visual representation of a child engaging in sexually explicit conduct.”

Any person who violates this section can be charged with a Class A felony offense.

Prosecutors in New Hampshire take child pornography and sex crimes involving minors quite serious. The laws are strict. If you are convicted for child pornography or other sexual offenses involving minors in New Hampshire, you are subject to prison time, fines and having to register as a sex offender. It may be difficult for you to find a job or housing once you have served your sentence.

Hiring a New Hampshire Criminal Defense Lawyer

If you are charged with a child sex abuse, child pornography or other sex crimes in New Hampshire, it is extremely important to hire a New Hampshire criminal defense attorney immediately to represent you.  Your criminal defense attorney will carefully review all the evidence against you, hire expert witnesses to testify at trial and mount a vigorous defense on your behalf. Your attorney will negotiate with the prosecutor to try to get your charges reduced to a lesser crime so you don’t have to register as a sex offender, get you alternative sentencing or get the case closed for lack of sufficient evidence or because false allegations were brought against you if case details allow.

 

Internet Sex Crime – Pre-file

 

Internet Sex Offenses in Florida

An online prostitution investigation was conducted by the Polk County Sheriff’s Department undercover detectives from August 24, 2012 through August 30, 2012, resulting in 89 suspects being arrested, including the principal of Kathleen High School, Cecil Edward McClellan. According to police, McClellan agreed to pay undercover detective money in exchange for sex. He was subsequently arrested when he arrived at the hotel wearing a Kathleen High School football shirt. Another suspected arrested in the case was 39 year old Glen Kershaw from  Orlando, Florida who was charged with traveling to meet a minor for sex, attempted sexual battery on a minor under 12, use of computer to entice a guardian, and unlawful use of two-way communication.

The remaining suspects were charged with crimes ranging from solicitation of prostitution, offering to commit prostitution, deriving proceeds from prostitution, aiding and abetting prostitution traveling to meet a minor for sex, drug charges and battery on a law enforcement officer.

Sheriff Grady Judd was quoted as saying “Prostitution is illegal and those who commit or who derive proceeds from this crime in Polk County can expect to go to jail. The negative social costs of prostitution hurt families, children and communities. Whether it is on the street, or online, it is illegal and we will continue to investigate and arrest those involved in prostitution.”

 

What is a Prefile Internet Sex Case?

A prefile case occurs when someone is under investigation for an Internet sex crime, but has not been arrested or charged yet. Even if you are not guilty of committing the crime, you still could be considered a lead suspect or person of interest.  It is important to seek legal advice from a Florida criminal defense attorney during the investigation to help avoid prosecutors from charging you with an Internet sex offense.  The attorney will talk to the prosecutor to find out what evidence they have against you and help clear up any misunderstandings or false accusations and also make sure that police are not planning on engaging in any kind of entrapment tactics against you.

 

Charges and Penalties

Facing charges for an Internet sex crime in Florida is serious, especially when a minor is involved.  Internet sex crimes may include the following types of crimes:

• Possession or distribution of Internet child pornography
• Online solicitation of a minor for sex whether consensual or not
• Luring of a minor in a chat room
• Conducting an online escort/prostitution service
• Sending or receiving nude photos by teenagers using a cell phone

 

Penalties:

Third degree felony for downloading child pornography or a first degree felony for producing or promoting child pornography.

Solicitation of a minor in a chat room -a  minimum 21 month to a maximum 5 year prison sentence, a fine up to $5,000 and 5 years of sex offender probation if convicted.

Second degree felony if over the age of 18 or a third degree felony if under the age of 18 for lewd conduct for exposing yourself on the Internet with no physical contact with the victim.

Prison sentences between 5 and 13 years and fines up to $5,000, sex offender probation and registration as a sex offender for life.  A conviction could also mean that it may be difficult for you to find a job or place to live.

 

Hiring a Florida Criminal Defense Attorney

If you are being investigated or considered a suspect in a pre-file Internet sex case, or you have been charged with an Internet sex offense in Florida, you should hire a Florida criminal defense attorney immediately. Imhoff & Associates –Criminal Attorneys understand how serious being accused of an Internet sex crime can be, and we will use all resources available to try and get the prefile investigation closed. If charges have already been filed against you, we will raise strong affirmative defenses such as entrapment, mistaken identity or that you had no intention of engaging in sex in order to get the charges reduced, get your probation, community service or get your case dismissed.

Pennsylvania Child Sex Abuse Laws and Penn State Sex Abuse Scandal

Sex crimes of all nature, especially child sex abuse crimes, are considered very serious crimes in Pennsylvania. Under Pennsylvania Statutes Sections 3121-3130, you could be charged with the most serious felony crimes of rape, involuntary deviate sexual intercourse, sexual assault, institutional sexual assault, aggravated indecent assault, or misdemeanor charges for indecent assault, indecent exposure, sexual intercourse with an animal or conduct relating to sex offenders. Prosecutors vigorously try these cases and courts are harsh on sentencing convicted sex offenders involving sex crimes against children. Prison sentences for the most serious sex felony crime convictions are lengthy ranging from maximum minimum 10 year sentences to 40 years for crimes involving rape and multiple deviate sexual intercourse charges involving minors, especially minors under 13 years of age and fines up to $100,000. Convicted sex offenders must register on the state sex offender registry after serving their sentences, which could affect where you can live and may affect other aspects of your life such as employment. Even if you are not accused of these offenses, you can still be charged with failing to report serious sex crimes to law enforcement and also be subject to perjury charges if you lie under oath about not having knowledge of such crimes.

Case Example

Former Penn State football defensive coordinator and assistant football coach Gerald “Jerry” Sandusky was arrested on November 5, 2011, accused of child sex abuse crimes involving eight boys over a time span of approximately 10 years. He was released on a $100,000 bond after the arraignment on 40 criminal counts according to the Pennsylvania Office of the Attorney General. Charges include seven felony counts of involuntary deviate sexual intercourse, corruption of minors, endangering the welfare of a child, indecent assault, unlawful contact with a minor, single counts of aggravated indecent assault and attempted indecent assault. Sandusky is facing up to 20 years in prison for the seven felony counts of involuntary deviate sexual intercourse alone besides additional sentences for other charges if he is convicted. Mr. Sandusky denies the charges. Penn State athletic director Tim Curley, 57, and the University’s vice president for finance and business as well as having responsibility for overseeing the University Police Department, Gary Schultz, 62, have been charged with perjury and failing to report information they had regarding the sex abuse allegations.

At one time, Mr. Sandusky was considered to be a likely replacement for the legendary Joe Paterno, Penn State’s head coach position, prior to his retirement in 1999. After retiring from Penn State, Mr. Sandusky continued his work with at-risk-children through his non-profit organization Second Mile, which he founded in 1977. All of the victims in the case are alleged to have initially come into contact with Mr. Sandusky through his Second Mile organization. In 1999, Mr. Sandusky was banned from the Clinton County school district after the mother of an approximate 11 or 12 year old boy at the time reported to the high school that her son received expensive gifts and trips to sporting events and reported to her that he had been sexually assaulted by Mr. Sandusky during an overnight stay at his house. These charges triggered the State’s investigation into Mr. Sandusky’s current alleged sexual abuse charges.

Other allegations by a graduate assistant, Mr. Kelly, took place in 2002 when he reported that he saw Mr. Sandusky sexually assaulting a naked boy approximately 10 years old in a locker room of the Lasch Football Building located on the campus. He and his father reported the incident to Mr. Paterno, who then reported it to Mr. Curley, but it was not reported to any law enforcement agencies or Child Protective Service Agencies as required under Pennsylvania Law. Mr. Paterno has not been charged with any wrongdoing in the case according to prosecutors. Mr. Curley testified that he banned Mr. Sandusky from bringing any children onto the campus and that he reported the matter to Penn State President Graham Spanier. Mr. Sandusky was no longer coaching at Penn State during this time.

On November 9, 2011, Joe Paterno announced he was retiring at the end of the season, but the University made the decision to ask Paterno and President Spanier to leave effectively immediately, naming defensive coordinator Tom Bradley as the interim coach and provost Rodney Erickson as interim University President. With such a major scandal for a school that has maintained one of the most pristine images in college sports and one of four major schools that have never been found guilty of any major violations by the NCAA, this is a devastating blow. With the school’s reputation at stake, the University has hired their own investigator, former FBI director Louis Freeh, to conduct an independent investigation regarding the Sandusky child sex abuse allegations.

Hire an Attorney

If you are accused or charged with Pennsylvania sex crimes involving minors or other related sex offenses, these are very serious charges and require the assistance of a Pennsylvania Criminal Sexual Offense Attorney to defend you. The attorney understands the Pennsylvania laws and can aggressively defend you by interviewing witnesses and may be able to convince authorities and prosecutors to drop or dismiss charges against you, or in some cases, avoid charges from being filed against you if were falsely accused. The attorney may also be able to get charges filed against you reduced to a lesser crime such as indecent exposure or get you community service or probation.

The need for a criminal defense attorney; Dominique Strauss-Kahn

Dominique Strauss-Kahn, the former head of the International Monetary Fund (IMF), was arrested in May 2011, for allegedly sexually assaulting a hotel housekeeper in his New York Sofitel hotel room. Strauss-Kahn pled not guilty to seven charges, including attempted rape, a conviction of which carries a 10 year prison sentence in New York. He was released from house arrest on Friday July 1, 2011, on his own recognizance. Although prosecutors made no attempt to oppose the release, they have retained his passport.

The Manhattan prosecutors acknowledge that they do have evidence to support the rape accusations made by the housekeeper that Strauss-Kahn forced her to perform oral sex. They are getting ready to make a decision whether or not they are going to drop the case against Strauss-Kahn. The housekeeper admitted to prosecutors that she lied about what the details after the alleged rape incident. She initially said she waited in the hall after the attack until after Mr.  Strauss-Kahn left his room. She then admitted that she cleaned a room nearby and then returned to clean Mr. Strauss-Kahn’s room. After that, she said she reported the incident to her supervisor.

Prosecutors informed Mr. Strauss-Kahn’s attorney’s by letter that the housekeeper made up the charges with the help of a male who gave her a cassette recording that she memorized. She also admitted that she had never been a victim of gang rape in Guinea. In addition, she admitted to falsifying her income in order to qualify for housing and declaring a friend’s child and her own child as dependents on tax returns to get an increased amount on her tax refund.  Prosecutors have informed the Judge that the credibility of the housekeeper has been compromised as a result of her history of lying, and that it will be difficult to get a jury to believe her even if she is telling the truth about the rape.

Mr. Thompson, the attorney for the housekeeper, admits that she lied, but he insists that she was attacked and her testimony of the incident has not changed. He explained the fact that she cleaned a room after the incident occurred because she was confused and upset about what happened to her. Mr. Strauss-Kahn has maintained he is innocent of any wrongdoing. Prior to this incident, Strauss-Kahn was viewed as the top contender for the French Presidential race next year. Strauss-Kahn recently said: “media speculation that he might run is simply absurd.” Meanwhile, the only two people who really know what happened in that hotel room are Mr. Strauss-Kahn and the housekeeper.

If you have been arrested for attempted rape, this is a very serious offense. You should hire a criminal defense attorney immediately to represent you. Depending on the evidence the prosecutor has and the circumstances of the case, your attorney can argue that the sex was consensual, or that there was insufficient evidence or mistaken identity to get the charges dismissed against you.

California Designer Convicted of Sexual Assault

A Beverly Hills fashion designer has just been found guilty of multiple counts of sexual assault that could result in him receiving a lifetime prison sentence. Anand Jon Alexander, 34, has been convicted of raping seven females, ranging in age from 14 to 21 years old. These sexual crimes occurred over a six-year span from 2002 to 2007.

While Alexander originally faced 23 felony charges, he was ultimately convicted of 16 counts, including:

• Forcible rape
• Sexual assault
• Battery

In addition to being known for his role on “America’s Next Top Model,” Alexander is also credited with designing for many popular celebrities, including Paris Hilton and Norah Jones.

The Trial and Evidence

Over two months of trial, prosecutors presented evidence of Alexander’s criminal activities, which included:

• Beating and, in some cases, drugging women before he raped them.
• Tricking females into coming back to his apartment by claiming that he wanted them to model for his clothing line.

As evidence, prosecutors (led by District Attorney Frances Young) called on nine of the female victims to testify.

While Alexander’s high-priced criminal defense attorneys tried to discredit the victims’ testimonies by claiming that they were lying to defame the defendant, the consistencies of the victims’ statements were enough to sway the jury and result in multiple convictions.

Sentencing and Further Trials

The sentencing phase of Alexander’s trial is scheduled to occur Jan. 13, 2009 at the Los Angeles Superior Courthouse.

However, Alexander’s recent convictions and pending sentencing in California are only the start of a series of trials this convict will face, as he has also been indicted in New York on nine other rape and sexual assault charges.

Similarly, Texas authorities in the Dallas area are still investigating allegations against Alexander. This investigation is also likely to result in another trial for Alexander.

(Source: Los Angeles Times, The Herald Sun)

Are You Facing Criminal Charges? If so, contact us today to talk to an experienced criminal law attorney who will provide you with the legal support you need to get your charges reduced, if not dropped altogether.

Supreme Court Hears DNA Case

Today, the Supreme Court will start hearing a case that debates whether a convicted rapist has the constitutional right to perform DNA testing on genetic material gathered at a crime scene in Alaska over 14 years ago.

In 1994, William Osborne received a 26-year prison sentence after he was convicted of assault, sexual assault and kidnapping. He claims that modern, more advanced DNA tests can prove he was wrongfully convicted of these crimes.

While 43 states, as well as the federal government, give convicts access to DNA tests (particularly in older cases in which DNA testing was never done due to lack of this technology at the time), seven states in the U.S. don’t have laws giving this right to convicts. Alaska is one of these seven states.

Details of the Case

In 1993, two Alaskan men picked up a prostitute, drove her to a secluded location and severely beat her with an axe handle. After forcing her to engage in various sex acts, they shot the woman, partially covered her with snow and left her for dead.

Despite the violent nature of these crimes, the prostitute survived and ultimately testified that Osborne was one of the men who brutally attacked and raped her. The other man convicted of these crimes also affirmed Osborne’s participation.

At the time of his arrest, Osborne confessed to the crimes. While the convict is now professing his innocence, he and his lawyer claim that the initial confession was given out of Osborne’s desire to expedite the case, as he knew he was going to be convicted of the crimes due to compelling eyewitness testimony.

Should Osborne Be Allowed to Use DNA Tests?

In the appeals to his conviction, Osborne has asked the court to grant him permission to use more sophisticated, modern-day DNA tests to prove his innocence. According to Osborne and his attorneys, the DNA tests of modern times are far more technologically advanced than those used at the time of his trial and conviction. If allowed to use these tests, Osborne claims he can prove he was not involved in the rape, beating and kidnapping.

One Court of Appeals has already ruled that Osborne should be granted access to modern DNA tests, as the point of the conviction is to serve justice, and justice will not be served if an innocent man is being imprisoned.

The Supreme Court is expected to issue its decision in the coming weeks.

(Source: New York Times)

Have you been charged with a crime? If so, contact us today to talk to an experienced professional who will provide you with the legal support you need to get your charges reduced, if not dropped altogether.

Supreme Court Declines Revisiting Execution Decision

On Sept. 30, the U.S. Supreme Court issued their opinion that declines to revisit its June 2008 decision outlawing executions for individuals convicted of raping children. By a 7-2 vote, the majority of justices based their latest ruling in part on what Justice Anthony Kennedy called a “national consensus” against ruling out the death penalty for convicted rapists.

Ruling Is against Louisiana and Bush Administration Request

The state of Louisiana and the Bush administration via the Justice Department had asked the Supreme Court to reconsider its earlier decision outlawing such executions. That 5–4 decision overturned the death sentence for Patrick Kennedy, who had been convicted of raping his 8-year-old stepdaughter in Louisiana in 1998.

Louisiana is one of six states that allow the death penalty for the crime of raping a child.

Military Law Authorizes Death Sentence for Child Rape

The most recent ruling by the court also addresses military law, which authorizes the death penalty for rape of children (and adults). Justice Kennedy, writing for the majority, noted that the military provision “does not draw into question our conclusions that there is a consensus against the death penalty for the crime in the civilian context and that the penalty here is unconstitutional.”

Justices Clarence Thomas and Samuel Alito voted to hear the Louisiana case again. Justice Scalia and Chief Justice Roberts dissented from the Court’s June decision, but they voted against reopening the Louisiana case. Scalia contended in his dissent that the justices in the majority were using their independent judgment to say that the U.S. Constitution forbids the death sentence whenever the defendant did not kill the victim.

(Source: Associated Press)

Are you facing criminal charges? If so, contact us today to speak with an experienced criminal law attorney who will thoroughly evaluate your situation and fight to protect your legal rights.

Men Convicted of Rape Fight for Release

Four men from Houston, Texas who were charged and imprisoned nearly 25 years ago for rape are still fighting to be released.

The long term prison sentence was the result of accusations that the four men had gang raped a six-year-old girl.

Attorneys Request New Trial

Last week, attorneys for the men filed a lawsuit demanding the release of the men, who protest their innocence, and have requested a new trial.

However, the only current glitch in the case is that the victim is now claiming the rape never happened.

"It’s a lie," says Johnny Edwards, one of the convicted man’s brothers. "It’s a lie. Bottom line, it’s a lie."

Men Stand Accused

Donald Thompson was one of four men convicted of gang-raping a six-year-old girl at a birthday party for her father.

The girl’s father was also convicted of being a part of the rape.

The victim, who is now 30, recently confessed on audio tape that the four men, including her father, never assaulted her.

Two of the convicted men were released on parole last year; but when they refused to admit to any wrongdoing in counseling, they were sent back.

Now, the families of these men are fighting aggressively to have them released from prison after the tape acknowledging their innocence was made public.

(Source: ABC)

Do you have a loved one who has been convicted of a crime? If so, please contact us to speak with an experienced attorney who will evaluate the case and ensure your loved ones receive the legal guidance and support they need and deserve.

Ohio Man Freed After 18 Years in Prison

A man who spent 18 years behind bars was recently released after he was proven innocent of his charges.

The man was charged and jailed for allegedly raping a 10-year-old girl in Ohio.

Man Accused of Rape

Robert McClendon, 52, was convicted of taking a 10-year-old relative from her backyard, blindfolding her and taking her to his house before raping her.

The victim reportedly told staff members at a hospital about the rape the day after it happened.

DNA Proves Man’s Innocence

After 18 years in prison, a lab re-examined the case and discovered that the DNA profile didn’t match evidence found at the crime scene.

The DNA was re-evaluated when DNA Diagnostics Center, a lab from Cincinnati, agreed to conduct tests on the prisoners for free.

Authorities had reportedly thrown away swabs from the victim’s medical exam, which is typically the best evidence for testing in cases involving rape.

“To be in prison for 18 years for something you didn’t do and the know you are going to walk out of court a free man, that’s a lot to take in one day,” says McClendon.

(Source: New Haven Register)

Do you know someone who has been wrongly convicted of a crime? If so, please contact us to speak with an experienced attorney who will evaluate the case and ensure your loved ones are getting the legal support they need.