Wednesday, July 26th, 2023
Michigan woman pleads, dodges serious sex charges
By Abigail Miller
CELINA - A Michigan woman originally charged with attempted rape and additional juvenile sex crimes was sentenced to a $2,250 fine in Mercer County Court of Common Pleas on Tuesday.
Michelle Duncan, 34, pleaded guilty to one count of second-degree misdemeanor obstructing official business, fourth-degree misdemeanor criminal trespass and fourth-degree disorderly conduct.
She was originally charged with one count of second-degree felony attempted rape, fourth-degree felony attempted sexual battery, fourth-degree felony gross sexual imposition, first-degree misdemeanor assault and first-degree misdemeanor endangering children. Prosecutors agreed to dismiss the original charges as part of a plea agreement.
On or about July 4, 2022, Duncan allegedly attempted to engage in sexual conduct with a juvenile male victim and "compelled him to submit by force or threat of force," according to the original indictment. Duncan was living in Celina temporarily as a traveling nurse.
Prior to sentencing, Mercer County Victim Assistance Coordinator Rhonda Helmer read a statement from the victim's mother, who was in attendance.
"It is my desire today to let you know the only reason I am not pushing for this case to go to trial is because my son doesn't want to have to testify and relive the night he was assaulted in our own home by the defendant," the victim's mother wrote.
Duncan was sentenced to 150 days in jail, with credit for one day served and the remaining days suspended on the condition that she have no like or similar convictions for up to two years.
She is also required to complete alcohol counseling and therapy, ordered not to contact the victim or his family and pay a $2,250 fine within six months. As a result of the plea agreement, she will not have to register as a sex offender.
Since the original charges were filed in August 2022, defense counsel Christopher Bucio said Duncan lost her job as a traveling nurse and started alcohol counseling and therapy. She has resumed work as a traveling nurse in Adrian, Mich., and Point Place, Ohio.
Visiting Judge Stephen A. Wolaver said the case was complex and difficult due to the nature of the original indictment and the subject matter involved.
"I appreciate the fact that this was clearly, and at best, an act of poor judgement," he said. "I recognize the recognition of that from Ms. Duncan. I also appreciate, at least from the record point-of-view, that this is an isolated incident of that poor judgement."