Sex and the Law with Ian Friedman

Ian Friedman is one of the most sought after criminal defense lawyers in the country, and a partner at the Cleveland based firm Friedman and Nemecek. He joins the show to talk with Rob about the diverse nature of cases that he takes on, including criminal, cyber crimes and white collar manners. He talks about the law needing to catch up with the new crimes we are presently dealing with, and how sexually based charges fall within one of the toughest areas of law. Ian discusses how he and his clients deal with the potential major stigmas and penalties attached, and resources available to people who want to discover more.    TAKEAWAYS: [1:04] Based in Cleveland, Ohio, Ian Friedman has served as chief legal counsel on behalf of individuals and entities from coast to coast and as far as Europe, Asia, and South America. In addition to his legal work, he is also an Adjunct Professor of Law at the Cleveland-Marshall College of Law teaching Computers & Criminal Law.  [2:38] Despite handling countless murder cases, people look at those that are merely charged with offenses with a hefty amount of judgement and paint the term “sex offenders” with a very wide stroke. To Ian, a sex offender can be many things on a broad spectrum. For example, it can be at 19 year old engaging in a sexual relationship with a girlfriend that is 16, or as far as people exploiting children, or engaging in non consensual physical acts with adults or minors. [4:37] Ian has taught about cyber crime since 2006, and it all changes so fast that it is necessary to talk about present cases in order to even catch up. Cyber crime examples can be online exploitation, hacking, third party intrusions, crypto currency offenses, online stalking and any sort of online financial crimes. He teaches his students to be able to both educate while still showing respect for the bench.  [7:49] The Fourth Amendment touches about people’s right to privacy and prohibits unreasonable searches and seizures. This has also shifted and expanded a great deal as more and more cases deal with uncovering things within a people’s computer and search history.  [9:53] Misdemeanors could (all jurisdictions are different) be anything from soliciting prostitutes, exhibisionism, etc. These carry very harsh consequences of embarrassment, loss of relationships and work.  [13:02] Our laws are not caught up to technology, and we are using dated laws to fit new offenses in. There is a lack of understanding, and Ian believes it’s not always law itself but the sentencing of that law.  [17:55] Charges on sexual offending also have one of the highest rates of false allegations because there can be ulterior motives. This stresses the importance of taking into account the motivations behind an accusation.  [21:17] When Ian meets with a client for the first time, they are often terrified and mortified. Ian lets them know there is no judgement. He also has set up a network of former clients and family members to help support the new client. Treatment and rehab are not the final step, but more like an important step in the right direction.  [30:11] Due to the strong stigma and penalties associated with accusations of this nature, it is so critical to work with people who have expertise in this particular area of the law.    RESOURCES:  Sex and Relationship Healing @RobWeissMSW Sex Addiction 101  Cruise Control: Understanding Sex Addiction in Gay Men  Prodependence: Moving Beyond Codependency [email protected]  American Board Criminal Lawyers  [email protected] Ian Friedman  Cleveland-Marshall College of Law  QUOTES: “It’s a very tough landscape for anyone that finds themselves involved in allegations of a sex crime.”  “We are dealing with crimes that we weren’t dealing with 6 months ago, and that’s why I can’t even order a textbook for this class. By the time it comes, it’s outdated.”  “Sexting is a little bit like sex, drugs, and rock and roll.”  “You need to go to people who have been doing the work for a while.”