What does it mean when someone is charged with first degree criminal sexual conduct?
When someone is charged with criminal sexual conduct, regardless of the conviction in the eyes of the public, this person has already been convicted. It is “guilty until proven innocent” in many of these cases and even when innocence is proven, the accused still feels that their reputation has forever been stained.
Today, we are looking at an unusual story about a doctor in Albion, Michigan that has been charged with first and second criminal sexual conduct.
The Physical Exam
Horace Davis, 62, an osteopathic physician, has been charged with first and second degree criminal sexual conduct. According to MLive, many details of this investigation still remain unknown, and that is the first unusual part of this story. I was able to obtain some details from WWMT, Channel 3 in Kalamazoo.
According to the reports, the victim was 11-years-old at the time. The alleged assault took place three years ago during a physical that had not been requested by the parents. The mother had been asked to leave the room. During the physical exam, a breast examination was given to the young girl. This exam had the victim in tears.
The DEA Involvement
The next part of this unusual story is the DEA or federal Drug Enforcement’s involvement. The DEA performed a search of Davis’s office only one day after the charge. Special DEA Agent, Rich Isaacson, confirmed that a search warrant had been issued, but would not comment about why the DEA was involved and what prompted the search. Mlive reported that Isaacson stated,
It is against the administration’s policy to comment on any matter or investigation while it is in progress.”
Charged with First Degree Criminal Sexual Conduct
First degree criminal sexual conduct is best explained in my article, How to Understand First Degree Criminal Sexual Conduct. The article outlines that when someone is charged with first degree criminal sexual conduct, they are being charged with having some sort of sexual penetration with the victim.
In this case, because of the definition above and the fact that the victim was 11 at the time is most likely why Davis is being charged with 1st degree criminal sexual conduct. Court records indicate that he is currently free on a $3 million personal recognizance bond,
As I explained, many of the details of this case remain unknown. If you know of someone who is facing criminal sexual conduct in any degree, please encourage them to call my office. These are serious charges. No one should face this without an experienced attorney.
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