When judges decide who is and is not eligible for bond, they generally look to see who will be a threat to society. Though there is no hard and fast rule about who is and who is not eligible, judges often don't deny bond unless there is a good reason. In this case, however, it is unclear just whether a judge's reason for denying a 22-year-old Saginaw man's bond as he awaits an appellate court's decision was truly for good reason.
According to a Saginaw County circuit judge, the age gap between the now-22-year-old and his alleged sexual companion was too great in his statutory rape case. When the man was only 19-years-old, prosecutors say he had sex with a 14-year-old girl. Though there doesn't seem to be anything nonconsensual about the affair, the man has been charged with two counts of accosting a child for immoral purposes and four counts of third-degree sexual conduct with someone between the ages of 13 and 15. One of these encounters happened while he was merely 18-years-old and still a senior in high school.
Statutory rape is still a serious sex crime in Michigan, even if some of the affairs that take place seem to be between high school sweethearts. If he loses on appeal, this man will be spending between four and 15 years in prison.
Though he was on bond since his original arrest and being charged with the crime, a circuit judge has recently decided that he must stay in prison until his appellate case is decided. The fact that he was 19 when one of his apparent victims was 14 was enough to convince this judge to keep him locked up and out of the community.
Source: The Saginaw News, "Judge: Logan Gaines too much older than one of three sex crime victims to be eligible for bond pending appeal," Andy Hoag, Aug. 13, 2012