Charges of sexual misconduct are associated with extremely serious penalties and are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and the accused. Because of this, the risk of conviction of an innocent person is drastically higher in these cases.
In today’s environment, accusations of unwanted sexual advances and child molestation are often investigated and prosecuted without sufficient evidence. The law presently has dramatically weighed in on protecting the rights of the so-called victim and, often, extremely relevant evidence is excluded from trial, such as an accuser’s past sexual conduct.
Sexual misconduct cases require a combination of effective legal counsel, investigation and negotiation before indictment. Where conviction seems inevitable, experts are used to explore treatment and supervision as alternatives to time or psychiatric hospitalization.
Recently, amendments have been made to the Michigan Sex Offender Registration (SOR) requirements. Now, Tier I and Tier III offenders are able to reduce their time on the SOR. Also, offenders in consensual cases, also known as “Romeo and Juliet” offenses, should seek an attorney for immediate removal under the new amendments. There are also opportunities for complete removal because certain offenses have been taken off of the list.
Reduction in Registration for Tier I or III offenses
Tier I cases are the least severe sex offenses, such as indecent exposure, possession of child pornography, and most 4th degree criminal sexual conduct convictions. Tier I offenders must register themselves on the SOR each year for fifteen years. However, under the new amendments, a tier I offender may petition to discontinue registration after ten years. Essentially, there is a reduction of registration from fifteen years to ten years.
Tier III offenders are convicted of more serious offenses such as 1st degree criminal sexual conduct, and any conviction for sexually molesting a child under the age of 13. Tier III offenders are also eligible to reduce their time on the SOR. Tier III offenders must register for life. However, the amendments reduce the required registration length to 25 years, if the offender was a juvenile at the time of the offense. Tier III adult offenders have no relief for reduction of their registration period, and neither do any Tier II offenders. So, if you are a tier III offender who has already been on the SOR for 25 years, you may be eligible for removal.
Petition for Removal for Consensual or “Romeo and Juliet” Cases
To petition for immediate removal of your name on the SOR, the offense must have been a result of a consensual act, among other requirements, including the ages of the parties. Old laws reduced the registration from 25 to 10 years, but the new amendment allows for immediate removal.
Some are no longer required to register on SOR because certain offenses were taken off the list.
You can petition for removal of your name on the SOR if you were charged with Disorderly Person, Obscene Conduct or Indecent Exposure. People who were convicted of these offenses are no longer required to register.
To submit a petition for removal from the SOR, contact an attorney to discuss your case for the most optimal result.
If you have been accused of a sexual offense contact Attorney Barton W. Morris for a confidential discussion.