Tag - Sexual Assault

People Who Protesting Against refugee Sex Crimes Were Threatened By Obama’s Idaho Attorney

The vast majority of people in their right minds are already sick and tired of all the hysteria around the election of Donald Trump and his migration policies. Sure, some people may view him as a harsh politician, but perhaps it is time for America to wake up, as the country does not need yet another talker – it needs a doer, a person who will never hesitate to get things done, no matter how difficult it may seem.

With that said, a lot of Americans and people all over the globe are mostly concerned about Trump’s migration policies. However, they are either completely misguided by the media that is attempting to manipulate the news and presents Trump as simply a racist, who hates  Mexicans as well as Muslims, or are ignorant themselves and do not wish to see the actual truth. And that truth is pretty straightforward –some of those immigrants and refugees are actually posing a real threat to society and there are numerous cases of violence from their part; people got hurt and this threat will continue to grow. Of course, the United States is mostly responsible for this crisis, just as the European Union is. It is their coalition that started senseless wars in the East and the conflicts escalated during the presidency of Obama. Nevertheless, what Trump is doing right now is pretty much the only viable option that will protect the people of this nation and perhaps the European Union should take on his example of how things need to be handled.

One way or the other, people tend to forget the things that they do not want to remember. For example, people who are now protesting against Trump’s policies and are allegedly concerned about all the raids that the law enforcement authorities are conducting tend to neglect the fact that so many migrants are involved in drug trade, gun trafficking, child pornography and so much more.

Perhaps these people need to be reminded about one particular case when three children of immigrants sexually assaulted a little girl last year. But, of course, people who are hyping around the newly elected president’s program are way too busy not working or doing anything useful and simply run around with banners.

Well, the case was actually a pretty horrifying one. Back in June, a 14-year-old Sudanese refuge actually told another 10-year-old Sudanese and a 7-year-old Iraqi boy to corner a white girl, who was only five years old in the laundry room. They then stripped the girl naked and urinated all over her clothes. They also urinated in her mouth. In addition to all that, the 14-year-old boy was filming it all on his phone. They were thankfully interrupted by an elderly lady, who came to see what was going on. Otherwise, who knows how this all could have ended for the little white girl.

And tell us – where was the angry mob back then? Now, of course, the case was a pretty resonant one, but it was not as hyped and not as many people felt the need to hit the streets with banners, protesting against the new Obama policies, which welcomed even more migrants and refugees on U.S. soil.

So how did the U.S. attorney react to all that madness and the fact that an innocent white girl was almost raped by the children of the refugees? Well, first of all, she claimed that she extends her support to the girl and her family, but then she told everyone not to be spreading any false rumors about the matter. Furthermore, she threatened that should anyone actually ask questions about that matter, they may well be prosecuted. She later said that it was not her intention to say that and that people simply should not be misinterpreting the facts. Well, one way or the other, the facts were pretty clear. The U.S. attorney also had the guts to blame the people who opposed Obama’s policies in this crime. She stated that spreading false rumors about refugees and immigrants triggers such situations. How is that for an official Obama representative? And in the following statement, she made things worse, saying that only Americans that are misinterpreting the rumors are to blame. So how is that for showing just how much the Obama administration really cared for actual Americans and their problems? Thankfully, more perpetrators, such as the ones who assaulted the little girl, were evicted from their homes as a result.

Nevertheless, it does not change the fact that Trump is apparently more concerned with the safety of U.S. citizens and not immigrants, who are ready to rape, kill and steal and who definitely do not fit into the American community. Perhaps it is time to face it and admit that Trump is actually all about the national jobs and giving the people an opportunity to work here, in the States, without having to fear for their safety. Obama’s administration demonstrated that is was 100% distanced from the actual problems and was too busy waging wars abroad and trying to come up with new ridiculous laws and regulations. So in the end – who is the bad guy here these days?

Were you arrested and charged with a sexual crime? Contact us now!
Eisner Gorin LLP, Los Angeles Sex Crime Attorney

Sexual Assault Legislation In California

Not that long ago a person was convicted after being charged with sexual assault on a woman that was unconscious behind a dumpster. The peculiar thing about this case is the fact that during the trial it was determined that California law requires prison time only in the case that the victim of sexual assault was capable of defending themselves. Hence, seeing how the victim was unconscious in this case, prison time was not required.

Hence, the defendant was then convicted of attempting to commit rape of an intoxicated person as well as sexually penetrating a person with a foreign object, as well as sexually penetrating an intoxicated person with a foreign object, but there was no prison time involved. Ultimately, the defendant ended up with only half a year in jail. The judge who was ruling the case stated that any longer sentence would have a very severe impact on him. Needless to say, such a sentenced sparked genuine public outrage, and was one of the main reasons why the lawmakers decided to update the sexual assault legislation in California to begin with.

The new bill is intended to prevent the judges from penalizing people who sexually assaulted other individuals while these were intoxicated or unconscious with mere probation. If this bill would have been accepted before, the above-mentioned person who sexually assaulted an intoxicated woman would have been sentenced to up to 3 years in prison.

So how is sexual assault defined and what does it mean? Well, sexual assault is any kind of sexual behavior or contact that took place without the explicit consent of the recipient. There are plenty of varieties of sexual assault and these include forced sexual intercourse, forced sodomy, incest, fondling, child molestation as well as attempted rape.

When it comes to rape, the vast majority of people will picture physically violent actions that lead to a violent sexual assault. In truth, there is more than one way to commit rape. We are talking about pills, about intimidation, threats – any actions that may lead to sexual contact against the will of the recipient are deemed as rape. There are also cases of so-called “Date Rape” and these are the hardest to rule out. After all, one of the parties is claiming that sexual intercourse took place without consent, but there are no physical injuries present and it is very challenging to establish the truth in such situations.

Do not forget about spousal rape – indeed, if someone decides to engage into sexual intercourse with a spouse without clear consent, it will be deemed as spousal rape and prosecuted accordingly.

Statutory rape is one of the worst scenarios – this is when a person engages in sexual intercourse with a minor who has not reached 18 years of age. Penalties for this type of rape are especially harsh.

Sure enough, regardless of the rape charges, the penalties are going to be severe. We are not only talking about expensive fines as well as potential jail or prison time – there is also the matter of being registered as sex offender for your entire lifetime. This means that you will have to inform any potential employers, banks you are going to get loans from and even your new neighbors that you were convicted for rape. Needless to say, this will ruin your reputation, most companies will not work with you and banks will not provide you with the loans you are going to need. Even neighbors are going to fear and despise you.

Of course, the worst thing that could happen is being falsely accused of raping someone. And, unfortunately, nowadays it is happening all too often. Those false accusations may well ruin your life, but regardless of how emotional you may be about it, it is imperative not to try to explain anything to the law enforcement officers before the arrival of the lawyer. This is when you will need the proper legal representation the most. Only a qualified Los Angeles sex crime attorney will have what it takes to fight for you and prove that you were falsely accused and therefore need to be set free.

False Rape Allegations And Legal Ways To Fight Them Properly

Not that long ago, last December to be more precise, a woman under pseudonym of “Joanie Faircloth” posted a comment on a website claiming that the famous songwriter Conor Oberst raped her when she was a teenager. Needless to say, the word spread quickly. Nevertheless, Oberst himself denied any and all allegations and, in return, filed a lawsuit against “Faircloth” for refusing to retract her comment. It turned out that the woman was lying – she wanted attention and tried to use rape accusations as a way to become popular. Sure enough, this is a pretty sickening case, where a woman is lying about such a disgusting matter. Of course Oberst won the case, but there are weird people out there who are still enraged by the fact that he filed the lawsuit to begin with. These people are definitely quite strange, since such serious allegations could not only ruin the songwriter’s career, but he could have been imprisoned for a crime that he never committed.

With cases like this as well as the relatively recent Bill Cosby case, allegedly false rape accusations are turning into a very real and common issue for modern society. Still, it is strange how some people are claiming that Obest and his actions were wrong and that he should not have fought allegations in court, since it may prevent actual rape victims from coming out in the future. Well, the man only did what was right – he was fighting for his reputation, his career and his way of life in general. Yet, the controversy is quite real here indeed.

The very definition of rape itself is quite vast. It is not only forced sexual intercourse – it includes sexual penetration of mouth or anus and vagina by an individual, sex organ, an object or any other part of the body, using force or not, without willful consent or if the victim was unable to give any.

The Official Statistical Data

The official statistical data is claiming that the overall number of false rape allegations is no higher than 2% from all the claims. Nevertheless, in truth, the data is pretty unclear as well as convoluted, so it is not always entirely possible to determine which allegations are false to begin with. Furthermore, the police are also stating that about 10% of all rape cases are “unfounded” or false. Still, it is hard to tell exactly how many of the reports are false or genuinely inaccurate. A lot of victims are pressured into retracting their lawsuits, while some are bribed to remain silent and so on. The statistics here do not demonstrate the full picture.

When it comes to rape accusations, we are entering the so-called gray area of the law – this is when a lot of people misunderstand the very definition of rape, their memory is clouded by alcohol, they were sending mixed signals, or had no idea what sexual assault means in the first place.

At times and quite often rape accusations are really means to attract attention. For example, in one of the cases, a female college student claimed that she was raped by a group of young people. Nevertheless, later on, when a video of the act appeared, it was absolutely clear that she had given her complete consent, so the case immediately fell apart. In some cases, people are using rape allegations as a way to “get even” with their other half and do not realize how serious such extreme allegations truly are.

Despite the fact that rape accusations must never be taken lightly, it does not mean that false rape accusations cannot have a genuinely detrimental impact on a person’s entire life. For example, in one of the cases, a football star spent five years behind bars for rape allegations. However, the victim then contacted him and apologized for false accusations. Furthermore, in yet another case, an individual spent 4 years in prison out of a 20-year sentence, and only after that did the victim admit that the injuries she had were received in a fight with a group of other women. Even though both men were fully exonerated, they lost several years of their life behind bars and this had a genuinely detrimental impact on them.

In case you have reasons to believe that you were falsely accused of rape, it is very important to keep in mind that these allegations are extremely serious indeed. Hence, the very first thing that you will need to do after learning about the accusations would be getting in touch with a qualified as well as genuinely experienced Los Angeles sex crime lawyer representative at the earliest opportunity.

An Advice To follow From Los Angeles Sex Crime Attorney

You will also need to keep in mind that you need to stay as far away from the person that filed the false claim as possible. Even if you are working together, it is important to always have a third party present. Furthermore, do not try and contact that person in order to make things right on your own – anything you say or do will be used against you in court. In addition, do not use social media to get in touch with that person – this will not bring you any good. Finally, learn to control your emotions. Needless to say, being falsely accused of something as serious as rape is genuinely unfair and frustrating, but keep calm and do not let those emotions best you.

Ultimately, in case you or your loved ones were charged with rape and those allegations are false, your best chance of dealing with them would be through hiring a good attorney. Only a lawyer with plenty of experience will be able to gather all the necessary evidence and make sure that you do not become yet another victim of false rape accusations. An experienced Los Angeles sex crime lawyers will use their skills and expertise to help you manage the situation properly.

Former NFL Cheerleader to Accept Plea Bargain in Sexual Abuse Case

A former high school teacher and National Football League cheerleader has agreed to a plea bargain instead of being tried for having had sex with 16-year-old high school student. Sarah Jones was charged with first-degree sexual abuse and the unlawful use of electronics to induce a minor to engage in sexual or other prohibited acts last March and has reportedly been under house arrest since then. Jones taught freshman English at Dixie Heights High School in Edgewood, Kentucky before resigning from her position last November after local police began investigating the case. At the time, Jones cited personal reasons for her departure. Jones also moonlighted as a cheerleader for the nearby Cincinnati Bengals football team. The former teacher and cheerleader is said to have had a sexual relationship with a school football player between October and the end of December of last year. Jones’ case has been well-publicized with the former teacher even appearing on “Good Morning America” in July of this year to address the allegations against her. During the interview, Jones claimed that she had only had sex with one man, her now-ex-husband Nathan Wilburn. Jones and Wilburn were married in July of last year, but separated just one month later. They are now divorced. Jones has publicly stated that she believes the accusations against her stemmed from rumors that had been started by the alleged victim’s bitter ex-girlfriend.

In a shocking twist in the case, Jones’ mother Cheryl Jones was also charged with a criminal offense related to her daughter’s case. Prosecutors in the case say that Cheryl Jones tampered with physical evidence in an attempt to help her daughter. The elder Jones is a middle school principal and is currently on administrative leave from her position. News outlets also report that she will be accepting a plea bargain in relation to the charges against her.

While both mother and daughter are expected back in court first thing tomorrow morning to formally accept their plea bargains, details of what punishments they are facing have not been released. In California, the punishments associated with a charge of statutory rape largely depend on the age difference between the alleged victim and the defendant. In cases such as Jones’, where the age difference at the time of the crime was as much as 10 years, a prison stint is highly likely, as is required registration as a sex offender. If the age difference is smaller than 10 years, probation and expensive fines are often more likely.

New Jersey High School Teachers, Administrators Charged with Misconduct and Sex Crimes

High school teachers having sex with their students is never, ever a good idea. You would think that with all the well-publicized arrests that are seen in the media every year, and several very high profile criminal cases in recent memory, high school teachers would be more cautious of the tone of their relationships with their students. Instead, school campuses across the nation seem to have become fertile soil for sexual predators and adults with particularly bad judgment. In a recent case in the state of New Jersey, a group of high school teachers and even school administrators are now facing criminal charges not only for potential sex crimes, but also for hiding and covering up the allegations of them. At Triton High School in Runnemede, New Jersey, an unnamed student mentioned to a substitute teacher last April that students and teachers at the school had been “hooking up.” The substitute teacher reported the conversation to the school’s principal, Catherine DePaul. When DePaul later met with the student, the student claimed that she believed another student was having a sexual relationship with one of the school’s teachers, and that she had seen several sexually explicit text messages that the two had exchanged. DePaul opted not to contact the school board or local law enforcement agencies. Instead, she enlisted the school’s Assistant Principal, Jernee Kollock, to help the student draft a written account of what she knew. Kollock even helped the student correct her grammar. Kollock unfortunately also down-played the situation to the student and made it seem less serious than it was.

Around the same time, DePaul learned that another teacher had driven an alleged victim and another student to Ocean City, which directly violated the school district’s policy. DePaul went to her superiors with this information, but never told them about other allegations of sexual misconduct on the part of her teachers. According to reports, she instead told at least one school employee to simply erase several text message exchanges with students from his phone.

DePaul and Kollock have both been charged with official misconduct. Three male teachers have been charged with official misconduct as well as several other sex crimes. Dan Michielli, who is a 27-year-old math teacher, was charged with sexual assault, endangering the welfare of a child and criminal sexual conduct. Michielli is said to have had intercourse with a female student multiple times during the course of the school year. Nick Martinelli, who is 28 years old and the boys’ soccer coach, allegedly touched and kissed a female student, then had intercourse with her after she graduated from the school. Girls’ track coach Jeff Logandro, who is 32 years old, was charged with criminal sexual conduct and endangering the welfare of a child after allegedly inappropriately touching a female student. All three teachers were suspended last month by the Black Horse Regional School District while DePaul and Kollock were suspended last week. All five defendants are facing up to five years in prison if convicted.

Pizza Delivery Boy Charged with Rape

A truly complicated and confounding case of rape occurred in New York City this week. A 16 year old pizza delivery boy was arrested for allegedly raping a woman in her apartment after he had delivered a pizza to the woman’s neighbor according to the New York Daily News.

The underage youth delivered the pizza after midnight, and upon noticing that the neighbor’s door was ajar, broke in and raped the woman who was asleep on her bed. The victim called the police and the teenager was arrested at a pizzeria in Hell’s Kitchen. The teenager had a previous run in with the law, last month he was arrested for breaking into another woman’s apartment and stealing her wallet while delivering a pizza. He has been charged with rape, criminal trespassing and burglary. The woman was 35 years old and said it took the teenager 30 seconds. The alleged victim also had her 7 year old daughter sleeping in the bed beside her. She said the teenager apologized before he ran away. She also said that she’d left the door unlocked because that was her normal routine as she’s lived in the building for 25 years. Her mother also lives across the hall.

There are many questions that arise from such a situation, such as how the law will treat a 16 year old charged with such a brutal crime. There were some questions as to whether the young man was mentally handicapped as well. When being led to the squad car by police, he wasn’t wearing any shoes. Reporters from the Daily News were not sure if this was because he was mentally disturbed or just very nervous from getting caught. Having a prior arrest for a theft crime where he broke into an apartment during a pizza delivery will not help his case, or his Criminal Defense Attorney’s attempt to defend him.

In a case such as this, the defense will have to play up the fact that he is a minor. A court might have more grace on a minor, however a minor who has committed sexual assault next to a 7 year old girl could be charged as an adult and face some serious jail time. In addition, his boss may face charges for allowing a teenager who has already been arrested for committing a crime while working to continue to deliver pizzas.

La Puente High School Soccer Players Accused of Sexual Assault in Hazing Ritual

Much has been made of the sexually-themed hazing rituals that occurred on a teenage soccer team at La Puente High School. The city of La Puente is located in the San Gabriel Valley, just outside of Los Angeles, and is far from being known for the types of shocking crimes that have recently made headlines all over southern California, but the allegations are so surprisingly harsh that it is branding the city in a negative light anyway.

The allegations that have only recently been made public involve a high school soccer team where students claim to have been sexually assaulted as a sort of initiation. Graphic details have emerged and have stunned parents, teachers and other members of the community. A boy known as “Billy” in media reports claimed to have been sodomized with a stick by his teammates. Another 15-year-old victim was sodomized with a pole while surrounded by 10 of his teammates. The third young victim claimed that the coach knew about the abuse and even winked at him when the boys lured him away from view of the coach towards a storage shed on the school grounds for the sexual hazing. The boy, known as “John” said “I’m pretty sure he could hear us screaming and kicking in there. And he’s just right next to it,” the boy told CNN. Since all the victims are minors, their names have not been released to news outlets.

The soccer coach is under investigation for possible involvement and was placed on administrative leave by the school district. Authorities are conducting interviews with 70 boys at the high school as the investigation continues. One of the victim’s mothers alerted sheriffs two weeks ago. Four individuals stand accused of the crime and could face charges from the Los Angeles District Attorney’s Office. Three of those four are minors, while one has turned 18 years old since the attacks are said to have occurred.

Parents are understandably furious over the situation, wondering where any of the supervision was in this case. Parents are also frustrated that they were not made aware of the abuse earlier, some of whom had to learn about the situation through the news they read and saw on television. Investigators in the case believe that the hazing rituals have been going on for several years and that many of the older players on the team were also victims as well. One of the boys who was a victim of the most recent attacks has stated that he does not want to attend the school any longer because the students have been making fun of him and laughing at him.

Four Texas Men Sentenced in Sexual Assault Case

Four Texas men were sentenced to 15 years in prison each after pleading guilty to repeatedly sexually assaulting an 11-year-old girl. Prosecutors in the case claim that in 2010, a then-11-year-old girl was sexually assaulted on at least five occasions by as many as 20 different men. The attacks were said to have occurred between September and December of that year. Police began investigating the incidents after a schoolmate of the unnamed victim told their teacher that he had seen video footage on a cell phone of men having sex with the girl. Six of the men accused of assaulting the girl were juveniles at the time of the attacks, while the remaining 14 defendants are adults. All but one of the defendants has pleaded guilty to charges of aggravated sexual assault of a child. The single defendant who decided not to plead guilty and whose case went to trial, Eric McGowan, was convicted by a jury and sentenced to 99 years in prison last month. McGowan, who had been out of jail on bail at the start of his trial, disappeared from the court during a break on the first day of testimony, which included the testimony of the now 13-year-old female victim. McGowan was arrested two weeks later in Houston.

Legal experts following the case believe that, given the severity of the punishment McGowan received, the remaining defendants saw that it would be to their advantage to strike a plea bargain with prosecutors and try for shorter prison terms. Four men were sentenced last Friday: Timothy Ellis, who is 20 years old, Rayford Ellis, Jr., who is his cousin and 21 years of age, Kelvin King, 23, and Jared McPherson, 20. All four men were not only sentenced to 15-year prison terms, but were ordered to register with authorities as convicted sex offenders upon being released from prison.

In two unrelated cases, Rayford Ellis also pleaded guilty to charges of manslaughter stemming from an incident in 2008 while King pleaded guilty to charges of aggravated sexual assault following an attack on a different girl in 2009. Both Ellis and King received additional 15-year sentences for these cases, and the presiding judge ordered the sentences to be served at the same time as the prison terms they received for assaulting the 11-year-old girl.

Defense attorneys and prosecutors declined to comment after the sentencing since the case is ongoing and there is a gag rule in place to prevent anyone connected from speaking about it.

Southern California Sex Crimes

Los Angeles, Riverside and Orange counties have seen a fair share of bizarre and disturbing sex crimes over the years, and the following recent events are no different.

In Orange County, a massage therapist was sentenced to jail time and probation according to the Los Angeles Times after he pleaded guilty to sexually assaulting three of his clients. The 29 year old man was sentenced to one year in jail after admitting to one felony and two misdemeanor sex crimes. He will also have three years of probation and have to register as a lifetime sex offender. The man worked for nine months in a Seal beach massage establishment where he assaulted three women sexually during their appointments. One of them reported the assault to police, the other two came forward during the investigation. He also had his massage certification taken away.

In the Inland Empire, a man pleaded guilty in federal court to making child pornography with a 13 year old boy. The 33 year old man filmed his sexual conduct with the teenager. The man pleaded guilty to production of child pornography which carries with it a minimum penalty of 15 years in federal prison. The sex crime took place in 2009 and the boy lived just a few houses away from the man. The FBI also identified two other victims according to the L.A. Times. The man was charged with 23 counts of lewd acts upon a child, alleging he molested three victims including the one in the federal case. That trial is taking place in San Bernandino County Superior Court.

Up in Modesto County, a 15 year veteran of the Modesto Police Department was arrested for suspicion of sexually molesting a female relative of his. The 40 year old man was taken into custody and booked on suspicion of felony molestation charges. The officer’s alleged sex crimes occurred in 2009 and 2010 according to the victim. None occurred while the officer was on duty though, which will be helpful in his defense. Police and community members are stunned by the arrest.

Sex crimes take all forms, and the prosecution of these crimes requires a Los Angeles Sex Crime Attorney who can provide the best defense in the midst of a complicated situation. The press, the community and the courts demonize anyone charged with a sex crime, even though the American justice system declares people innocent until proven guilty.