Recent Las Vegas Sexual Abuse Cases, Comments by Las Vegas Criminal Defense and Sexual Harassment Attorney Andre Lagomarsino

September 4, 2012
By Parker | Scheer | Lagomarsino on September 4, 2012 12:02 PM |

A 35-year old former Las Vegas Wranglers hockey player and assistant coach is facing nine charges of allegedly sexually abusing a minor girl for four years. The nine counts include two counts of lewdness with a child under the age of 14, one count of sexual assault with a minor under the age of 14, four counts of sexual assault with a minor under the age of 16 years old, and two courts of open and gross lewdness.

According to the Las Vegas Metropolitan Police (LVMPD) Arrest Report, Michael McBain began allegedly sexually abusing a 12 year old in 2008 through inappropriate touching. In 2010 when the minor girl turned 14, the alleged sexual abuse escalated to sexual assault. In May 2012, when the minor girl told her mother about the alleged sexual abuse, her mother confronted McBain about the allegations. McBain denied he had sexually abused her daughter, and then took a quick trip to Oregon to see his brother. While in Oregon, McBain tried to commit suicide and was then admitted to a hospital. When the minor girl's mother again confronted McBain, he allegedly confessed the "affair," hired an attorney, and turned himself in to the LVMPD.

The LVMPD Arrest Report also alleged that Bain created a fake AIM email account using the the name of a Wranglers' hockey player the minor girl had a crush on. McBain then allegedly used the AIM email account to request sexual pictures in exchange for money from the minor girl, and to send the minor girl pictures of male genitalia.

In a second case, a Las Vegas man, Diondre Phifer, was arrested for sexual assault and kidnapping of two children under the age of 7. According to the LVMPD Arrest Report, two minor girls, ages 3 and 6, were playing in an apartment complex pool when Phifer allegedly offered to give the two minor girls money for ice cream. After allegedly luring the two minor girls inside his apartment, Phifer allegedly exposed himself, struck both girls, and sexually assaulted one of the minor girls. Two days later, when the two minor girls told their mother about the assault the mother confronted and slapped Phifer after he denied anything had occurred. Phifer faces two counts of kidnapping, two counts of sexual assault with a minor under age 14, two counts of battery with intent to commit sexual assault, four counts of lewdness with a child under 14 years old and one count of indecent exposure.

Under Nevada Revised Statute 200.366, a person who commits a sexual assault against a child under the age of 16 that does not result in substantial bodily harm to the child, can be imprisoned for life with the possibility of parole when a minimum of 25 years has been served. If the child is under the age of 14, parole will not be considered before 35 years have been served. If the sexual assault results in substantial bodily harm to the child and the child is under the age of 16, a person found guilty will be imprisoned for life without the possibility of parole.

The Las Vegas law office of Parker Scheer Lagomarsino did not represent anyone involved in any cases that may be referenced above. This commentary is for educational purposes. If you would like to be represented by an attorney in our Las Vegas office, contact our office for a free confidential case review and receive a response within 24 hours. Call Toll Free 866-414-0400.

The posts appearing in this blog are for informational purposes only, and should not be interpreted as providing legal advice, as each matter requires independent legal analysis. Unless otherwise noted, Parker Scheer Lagomarsino is not involved in the representation of any party in any case or other matter discussed on this blog.