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The Rising Tide of Sex Crime Cases: Insights from a Veteran Criminal Defense Attorney Dan Geherin

By Daniel T. Geherin

This year, the case of music mogul Sean "P. Diddy" Combs has captured national attention, adding him to a growing list of celebrities facing serious sex crime allegations. His situation echoes the high-profile cases of figures like R. Kelly, Harvey Weinstein, and Bill Cosby, leading to important questions about the increasing frequency of such cases. As a former prosecutor and now a criminal defense attorney with decades of experience, Dan Geherin has a unique perspective on this surge in sex crime allegations.

A Surge in Allegations or Increased Visibility?

It seems that every time we turn on the news or scroll through headlines, there’s another celebrity or public figure facing accusations. While it’s unclear whether the number of sex crimes is truly increasing or if we’re simply seeing more of these cases exposed, one thing is clear: the media attention is unparalleled. The stakes are high, particularly in cases involving celebrities or athletes, and the public is captivated by these dramatic stories. From a criminal justice standpoint, it’s evident that the volume of sex crime allegations has risen, encompassing a broad range of offenses.

The Growing Role of Human Trafficking in Celebrity Cases

There is a concerning trend involving human trafficking, especially in celebrity cases like P. Diddy. While human trafficking charges are relatively new in the celebrity sphere, they often fall under federal jurisdiction, particularly when state lines are crossed. This federal involvement brings additional resources and scrutiny to these cases. Despite not frequently dealing with trafficking cases in private practice, it’s clear that such charges are becoming more common within the world of high-profile individuals.

Evolution of Sex Crime Cases: A Shift in Perspective

Over the course of Dan Geherin’s 27-year career, he’s witnessed significant changes, especially since the Me Too movement began in 2017. The movement encouraged more survivors to come forward and led to shifts in how law enforcement, prosecutors, and judges approach sex crime cases. There’s now a heightened belief in supporting accusers, and this has translated into an increase in cases. However, it’s important to remain vigilant, as not every accusation is truthful. False accusations are sometimes made for personal gain or to influence civil matters like custody battles.

Technological advances, such as DNA testing, have also changed the landscape, making it easier for prosecutors to build strong cases. At the same time, social media has introduced both positive and negative consequences, as it can sometimes provide crucial evidence but also create a space where public opinion can distort the truth before a trial. 

Common Sex Crime Offenses in Michigan

In Michigan, sex crimes are categorized under the umbrella term "criminal sexual conduct" (CSC), which is divided into first through fourth degrees. The most severe cases fall under first and third degrees, involving penetration with aggravating factors, while second and fourth degrees involve non-penetrative offenses. A significant portion of the cases Dan Geherin handles involve “date rape” situations, especially in college towns where alcohol and consent are central issues. Additionally, we’re seeing an uptick in sex trafficking, child victim cases, and forcible sex crimes, where consent is not a question. 

The Devastating Consequences of a Sex Crime Conviction

The consequences of a sex crime conviction can be severe. In Michigan, a CSC conviction is typically a felony, often resulting in imprisonment, fines, and probation. But the collateral consequences can be just as devastating. Convicted individuals are required to register as sex offenders, which can affect their ability to find housing, secure employment, and even vote. These far-reaching consequences can significantly alter your life after a conviction.

The Role of Polygraph Tests in Sex Crime Cases

Polygraph tests, or lie detector tests, can be a valuable tool in sex crime cases, though they’re often misunderstood. In Michigan, criminal sexual conduct is the only offense where polygraph results are explicitly mentioned in the law. Defendants have the right to take a polygraph test, which can significantly influence the direction of a case. While polygraph results aren’t typically admissible in court, they’re often used in investigations, especially when the facts are in dispute.

Strategies for Trying a Sex Crime Case

When defending a sex crime case, having a clear and compelling theory is essential. If the defense is focused on proving the allegations are false, the credibility of the accuser becomes a central point. In cases where consent is in question, establishing the defendant's credibility is crucial. Selecting the right jury is also vital, ensuring they can make an impartial decision. Experts, including psychologists and DNA specialists, can provide valuable insights that help shape the case.

The Length of a Typical Sex Crime Trial

Most CSC trials typically last between two and three days. While media coverage can make high-profile cases seem like they drag on for weeks, the average sex crime trial is relatively short. That said, these cases are often charged with high emotional stakes for both the victim’s and defendant’s families.

The Future of the P. Diddy Case 

As for the P. Diddy case, celebrity cases often involve additional accusers coming forward, which can make defending the accused even more difficult. The pressure builds as the case progresses, and defending against multiple allegations becomes a challenge. It's difficult to predict what will happen, but given the strength of the evidence, he may face significant legal repercussions.

The landscape of sex crime cases continues to evolve, with social media, increased awareness, and shifting legal standards playing a key role. Whether you're dealing with a high-profile celebrity case or a personal matter, the consequences of a sex crime accusation are profound and far-reaching.

Contact Sex Crimes Defense Attorney  in Michigan for Help with Criminal Sexual Conduct 

If you or someone you know is facing criminal sexual conduct, it’s important to have an experienced sex crimes defense attorney on your side. We offer a free consultation to discuss your case and help you understand your legal options.

Listen to our latest podcast the Michigan Justice Chronicles here.