Sexual "Assault" ain't always what it seems

One of the really frustrating things about Wisconsin's (and most other state's) sexual assault laws is that they are very often blind to reality. The reality I speak of is that kids - teenagers - are sexually curious and, increasingly, sexually active. In the past year, however, I have represented 5 individuals - 18 year olds - who either had sex with or were discovered in mid-grope with girls in the 14-16 year range. In each instance, the girls were more than on board - they were active, interested participants and, in 2 cases, the aggressors. The boys (men?), however, were hauled off to jail and faced between 25 and 40 years in prison for their dalliance.

One kid (let's face it, 18 year old's are still "kids") actually pled guilty to felony sexual assault and served 9 months because he touched (brushed up against) a girl's breast. After I convinced the judge to reverse the conviction, a jury (luckily!) saw right through the charge of "assault" and acquitted him.

So the system works, right? Sure, after 2 anguishing years, public humiliation, financial ruin and the risk of being labeled a sexual predator.

Another case in point: an 18 year senior is pursued by a 15 year old party girl who trumpets on her "My Space" page about all the drinking and fooling around she does. They finally have sex after she aggressively pushes the issue. Later, in school, she is heard bragging about it by a teacher (who is a mandatory reporter). The next thing this kid knows, a detective is calling about potential charges of sexual assault of a child. Is this just or right? Of course not! It is more of the same sexual hysteria that has infected the system and our society run amok!

That's my rant for today! With all of the unsolved robberies, murders and REAL rapes, don't the police have higher priorities? There is such a thing as judgment and discretion in law enforcement....let's use some folks!

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John A. Birdsall, Birdsall Law Offices, S.C.
135 W. Wells St., Ste 214
Milwaukee, WI 53203
414.831.5465 - www.birdsall-law.com

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More Kiddie hysteria....

Well the feds are at it again: "State and federal authorities are investigating the possible sexual abuse of minors at a 15-acre evangelical compound run by a convicted tax evader whom critics describe as a cult leader." See the entire story here. "The Tony Alamo Christian Ministries complex in southwestern Arkansas was raided Saturday by more than 100 federal and state police, and six children have been placed in temporary state custody and are being interviewed." The CNN video reports here detail that there are allegations of child porn, and sexual "abuse" withing the Alamo ministries.

Can you say witchhunt? Apparently the feds have been after Alamo for years - repeatedly raiding his compounds in California, Texas and now Arkansas. The evidence that the cops are supposedly acting on is not being revealed but it is very reminescient of the raids on the Koresh compound in Waco, Texas, and the polygamist raid in Utah earlier this year where over 400 kids were removed. As usual, the raid is highly publicized but the evidence of wrongdoing - specific, REAL evidence - is never revealed. Moreover, the anguish of the families and the individual cases are quickly forgotten (or never considered) by the public at large.

My wish for law enforcement and prosecutors is that they finally get over there incessant need to grand stand in high profile busts without considering the emotional, finacial and reputation fall-out to the people involved.

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John A. Birdsall, Birdsall Law Offices, S.C.



135 W. Wells St., Ste 214

Milwaukee, WI 53203

414.831.5465 -
www.birdsall-law.com

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Convicted, Then Found Not Guilty

Eau Claire Man Convicted Of Second Degree Sexual Assault & Child Enticement, Then Un-convicted, The Acquitted

We've all heard it can't be done - convictions cannot be reversed... 'les there is a prior conviction. But that is precisely what happened several months ago when our client, Aaron B. J. Frey was wrongfully convicted of second degree sexual assault of a child and child enticement. And then at trial, he was acquitted.

In November 2005, Aaron Frey was charged with sexual assault of a minor child and child enticement. The court appointed an attorney, and Aaron plead guilty to third degree sexual assault, with a dismissal of the enticement charge. He was sentenced to 18 months of probation and served 90 days in jail.

Frey then hired Birdsall Law Office to represent him on appeal of the conviction. Birdsall reviewed the court record, and set in motion a reversal of that conviction. The trial judge reversed the conviction based on a defective plea colloquy - inadequate covering of the elements of the offense.

The district attorney then proceeds to file charges based on "other acts" evidence, which allege another sexual encounter on a separate night (two nights prior to the charged crime - and on the alleged victim's 14th birthday). But the alleged victim says that the "other acts" are all wrong, and any "touching" that may have occurred was accidental. She was very worried that her mother would find out about her setting a time with Aaron to meet him after sneaking out of the house while her parent slept. And then there was the fact that they were both in underclothing when the police found them parked behind a building that was under construction at 3:30 a.m. on a school night, the additional fact that she had disarmed the home security alarm to sneak out, and the small technicalities that she was the primary person calling Aaron and she set up the meeting.

Trial began this past Monday, but last Friday, the alleged victim met with the district attorney and completed switched her story, stating that at least one of the "touching" incidences was not accidental and was in fact sexual, among other changes to previous testimony.

When a person testifies to one fact, and then switches that testimony to another fact, and the defense attorney brings up these changes under examination during the trial, the process is called "impeaching a witness".

The jury deliberated for 50 minutes and brought back the verdict of "not guilty" on both counts.

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John A. Birdsall, Birdsall Law Offices, S.C.
135 W. Wells St., Ste 214, Milwaukee, WI 53203
414.831.5465 - www.birdsall-law.com

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