Category : Rape

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.

Sources

http://www.csmonitor.com/USA/Latest-News-Wires/2011/1121/Penn-State-appoints-ex-FBI-director-to-lead-child-sex-abuse-investigation

http://online.wsj.com/article/SB10001424052970203716204577020001842475304.html

http://www.usatoday.com/sports/college/football/story/2011-11-05/penn-state-abuse-case/51083628/1

http://espn.go.com/college-football/story/_/id/7212054/key-dates-penn-state-nittany-lions-sex-abuse-case

http://deadspin.com/5859426/pa-criminal-attorney-on-sandusky-judge-i-have-never-had-a-client-who-was-charged-with-those-counts-released-on-unsecured-bail

http://www.daytondailynews.com/news/nation-world-news/pa-sex-crime-laws-under-focus-with-abuse-case-1290464.html

http://www.legis.state.pa.us/cfdocs/legis/Search/statuteSearchAction.cfm?maxfiles=10&autoStopLimit=1000&index=cons&request=rape

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)

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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.

Wrongly Imprisoned North Carolina Man

According to reports, a man who was wrongly imprisoned for a crime he didn’t commit is now eligible to receive more money from the state of North Carolina.

Before lawmakers bring this year’s legislative session to a close, lawmakers have agreed to give the man, along with others who are eligible, $50,000 each.

The victims were reportedly already given compensation, but this latest payout will be given in addition for their time in prison.

Man Wrongly Convicted and Jailed

Dwayne Dail spent 18 years in prison for a rape, which it was recently found, he didn’t commit.

“What I want to you to think about is if your child were accused of a crime and were sent to prison as Dwayne Dail and others have been,” stated Sen. Ellie Kinnaird, to her colleagues in the Senate.

Victim Finally Sees Justice

Dail was charged with raping a child and after his sentence when Dail requested DNA testing be done, he was told the evidence was lost.

“He is now a very damaged person,” explains Kinnaird. “We feel this is what the people owe to someone who has been wrongly convicted and so badly treated.”

The Senate reportedly voted 37-1 in favor of the new measure, which will increase the amount of compensation available to the wrongly convicted.

(Source: NewsObserver)

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 enable you and your loved ones to receive the legal compensation you need and deserve.

Man Receives Funds for Wrongful Conviction in Louisiana

A man who was wrongly imprisoned for 26 years at the Louisiana State Penitentiary at Angola was recently freed and cleared of his convictions.

The man was accused of a rape he did not commit and now, with the help of Rep. Frankie Howard, he will be compensated for his lost time.

Innocent Man Arrested and Imprisoned

Rickey Johnson was arrested in 1982 for breaking into a woman’s home in the middle of the night and raping her.

He was sentenced to life without parole and has been imprisoned ever since.

DNA Testing Proves Innocence

In 2007, the Innocence Project joined forces with Johnson’s attorney and they conducted DNA testing on evidence collected the night of the rape.

The DNA profile reportedly did not match Johnson, but instead matched one of the inmates he had befriended in prison who was charged with another rape in the same apartment complex.

“If police and prosecutors had not focused on Ricky Johnson so early in their investigation and if proper eyewitness were identified, the real perpetrator might have been brought to justice sooner,” says Vanessa Potkin, from the Innocence Project.

Compensation Given to Free Man

Although the $150,000 paycheck Johnson will receive won’t give him back all the years he spent in jail, Johnson and his family are happy and relieved that justice has finally be served.

“I am not the man who committed this rape, all I want to do is go home,” said Johnson when he was released.

(Source: Leesville Daily Leader)

Have you been convicted of a crime you didn’t commit? Please contact us today to speak with a trustworthy attorney who will evaluate your case and ensure you receive the legal help and guidance you need and deserve.

Voluntary DNA Sample Leads to Link in Cold Case

In trying to help Police investigators link his brother to a 1983 rape and murder case of a Campbell teen, David Pearman voluntarily submitted a DNA sample. However, detectives quickly changed their focus when Pearman’s DNA sample connected him to a crime unrelated to his brother’s; Pearman’s DNA sample connected him to the rape of an 81 year-old woman from San Jose.

Both Brothers Now Facing Possible Life in Prison Sentences

Currently, both brothers face charges that could sentence them to life in prison. The brothers reside in Santa Clara County men’s jail, without the option of bail. David Tomkins, an Assistant District Attorney, says that authorities were “lucky” to have embarked on this chain of events that led to the identification of Pearman as a suspect in the case of an elderly woman being raped in 2001, unrelated to the crime to which his brother is a suspect.

46 year-old David Pearman, a.k.a. David Leonard Holland, was taken into custody and arraigned on charges related to the 2001 rape case. Pearman also has a prior felony record for Burglary. Police investigators are claiming that the voluntary DNA sample that he contributed matches that of a sample taken from the scene of the crime of the 2001 rape of an 81 year-old woman. If it weren’t for the investigation into his 53 year-old brother on an unrelated case, Police would likely have never been able to link evidence from the 2001 crime scene to Pearman. According to Tomkins, Pearman would have gotten away with this crime if authorities in the “cold case” division hadn’t been investigating Christopher Melvin Holland (Pearman’s brother) in connection with the murder of a 17 year-old.

Details of the 1983 Rape and Murder Case

The murdered 17 year-old, Cynthia Munoz, was found partially naked and stabbed to death in her Campbell home more than 24 years ago. During those 24 years that passed, Police had leads in the case but lacked sufficient evidence to bring charges against a potential suspect. However, earlier this year investigator Michael Schembri began to focus on the Munoz murder and found out that a friend of Christopher Holland bragged that he and Holland raped and murdered the 17 year-old girl in the course of a robbery for narcotics. Just as Schembri was looking further into Holland’s involvement, he was nowhere to be found. When authorities realized that they had a semen sample from the Munoz rape/murder, they located Holland’s two brothers and asked them to give DNA samples in hopes of finding a link.

The sample from David Pearman’s brother Kenneth Holland was enough to charge Christopher Holland in Munoz’s murder, showing a link close enough to determine that it is “possible but highly improbable” that anyone but one of the Holland’s committed the crime. This provided ample evidence to put out a warrant for Christopher Holland’s arrest; Holland was arrested after police received a tip that he was hiding out in a San Jose apartment.

DNA Sample Revealed Surprises

Although police had all the evidence they needed from Kenneth Holland’s DNA sample, David Pearman’s DNA sample revealed some surprises. While Pearman and Christopher Holland are only half-brothers, making Pearman’s sample useless in the Munoz case, the procedure of entering his sample into a computer database alerted authorities to its match with the evidence taken in the 2001 rape case of the elderly woman.

Authorities now believe that they have enough evidence to charge Pearman with Burglary, Rape, and Forcible Oral Copulation. This case would have never been solved if it weren’t for the voluntary DNA sample provided in an unrelated case in which his half-brother was the prime suspect.