Articles Posted in Sex Crimes

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In 2002 actor Bill Cosby met Andrea Constand at his alma mater, Temple University in Philadelphia, where she was on the staff of the women’s basketball team.  Later, in the beginning of 2004, Cosby invited Constand to his home to discuss her career options. While she was there, Cosby gave her pills to relax her before lying on the couch with her and engaging in sexual acts. At the time Cosby was 66 and Constand was 30.

About a year later Constand told her mother about the incident with Cosby and that it was non-consensual.  They reported the matter to police, who suggest they record Cosby on a phone call.  In the call, Cosby admitted performing “digital penetration” but refused to identify the name of the pills he gave Constand.  The case was then referred to Pennsylvania authorities.

In February 2005 Montgomery County District Attorney Bruce Castor announced he would not  charge Cosby. In describing the case against Cosby as weak, Castor cited the yearlong delay in Constand’s report to her mother, Constand’s continued contact with Cosby after the incident and the fact that other accusers who had also come forward had never filed formal complaints with law enforcement.

In March 2005 Constand civilly sued Cosby for sexual battery and defamation.  During that case Cosby gave four days of deposition testimony about his affairs with young women over 50 years. The case ultimately resulted in a confidential settlement.  Continue reading

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Cesar Gonzales-Mugaburu , a 60 year old foster father who had previously opened his home to scores of disabled children, was acquitted yesterday  in a New York Supreme Court of endangering or sexually abusing several boys while they were in his care.  The verdict followed a five week trial during which eight of Mr. Mugaburu’s accusers testified against him.  Mr. Mugaburu had been denied bail and was held in jail for a year prior to his trial.

Mr. Mugaburu’s lawyer, Donald Mates, argued at trial that while Mr. Mugaburu was strict, he was not abusive.  Mr. Mates cited to the fact New York City’s child welfare agency trusted Mr. Mugaburu so much that it had placed 95 boys in his care over 20 years.  Mr. Mates further raised doubt about the credibility of the accusers, arguing they were coached.

The jury deliberated the 16 charges against Mr. Mugaburu for more than a week.  According to the The New York Times, jurors reported struggling at times to remain impartial in the case which elicited a lot of emotion.  The jury further organized the case details and created a timeline on a white board in the jury room.  The jurors even debated the definition of “reasonable doubt” and requested the judge to re-read the jury instructions providing the definition.  The case was very stressful for the jury, with one juror noting some of her fellow jurors fainted, became dizzy, developed stomach problems, and experienced insomnia during the trial.  Continue reading

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You meet a woman on an internet dating site or through a dating app such as Tinder.  You subsequently end up having what you understood to be consensual sex.  Later, however, the woman calls you complaining you forced her into having sex with you or otherwise contends the sex was non-consensual.

This is a relatively familiar scenario.  And, it’s a potentially dangerous one.  It’s dangerous because unbeknownst to you, your date may have already contacted police with her allegations and the call is part of an investigative tactic known as a controlled, or pretext, call.

In a controlled call, a sex crimes detective will have already been in contact with your accuser.  The detective will further have coached your accuser  regarding what to say to you prior to making the call.  And, most importantly, the call is recorded to collect and preserve crucial evidence to use against you in a criminal case.

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A Polk County teacher was arrested this month for showing pornography to students in his classroom. My review of the facts indicates that as is typical in many criminal matters, there are potential defenses available to the teacher that potentially could absolve him, or at a minimum, mitigate the severity of the charges he faces.

The Arrest Affidavit states that one of the teacher’s students came to his desk during class with a question about her assignment. As she approached, the teacher laid his iPhone on his desk, face up. The student observed “multiple websites depicting adult male pornography” on the phone. After speaking with the teacher, the student returned to her seat. Shocked at what she had just seen, the student returned to the teacher’s desk where she surreptitiously recorded the images displayed on the teacher’s iPhone screen, which included a slide show depicting a nude male’s erect penis and two male subjects engaged in sexual intercourse. Three additional students reported having also seen adult pornography on the teacher’s phone. Continue reading