West Michigan man gets jail for rape attempt

An Isabella County judge described a West Michigan man’s behavior as “predatory” before sentencing him to five months in jail for attempting to have non-consensual sex during the 2020 summer.

Jacob Emmett Martin, 24, formerly of Mason County’s Fountain but now of Mt. Pleasant, was ordered to report to the Isabella County Jail at 9 a.m. Friday to serve out the five months imposed after he pleaded guilty to gross indecency between a man and a woman, a five-year felony.

Martin was originally charged with two counts of fourth-degree criminal sexual conduct, which was reduced to one count to which he originally pleaded guilty in early September.

But the plea deal Martin agreed to stipulated that he be granted status under the Holmes Youthful Trainee Act, which would dismiss his case if he successfully meets all requirements of his sentence. Fourth-degree criminal sex

ual conduct is not eligible for HYTA.

As part of the deal, the prosecutor’s office also agree to not prosecute Martin in a different case, in which he was charged with third-degree criminal sexual conduct.

Martin’s victim asked Janes to impose the maximum sentence allowable, saying that his actions caused upheaval in her life and said Martin had victimized other women.

Before Janes sentenced him, Martin’s attorney — John English — asked that Janes strike the woman’s comments about Martin’s other alleged victims. Janes cut him off, said he wouldn’t strike any part of her statement and said he’d assign credibility as he saw fit.

While imposing sentence, Janes addressed the issue of credibility. He said he found Martin’s victim credible and found Martin’s actions predatory.

“Just amazes me, the gall of the guy,” Janes said.

Janes said that the case was in stark contrast to a lot of criminal sexual conduct cases involving young people. In this case, Martin’s victim was at home when Martin contacted her and came over after being rebuffed by a different woman.

Martin was accused of going to the apartment on July 12, 2020, and going into her room while she slept and attempting to have sex with the woman. She resisted, told him no and eventually kneed him off her.

The two previously had a dating relationship, according to court documents, and Janes noted that a presentence report said that it was part of a pattern to seek out his victim when he was drunk and feeling lonely.

Janes’ sentence was towards the maximum sentencing guidelines for the case, which called for probation to nine months in jail.

Mark Kowalczyk, principal trial attorney for the Isabella County Prosecutor’s Office, had asked Janes for at least 30 days in jail. English asked for no jail time, saying that Martin is currently gainfully employed and is likely to lose his job with any jail sentence.