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Published: 2008-11-24 18:37:00
Updated: 2008-11-24 19:52:07

Suspect, out on bond, charged again with rape


Michael Burch
Michael Burch
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A man accused of raping a former Duke student last year is in jail again, charged with the same crime against a different woman.

The first victim's father says the new charge could have been prevented if bond had been set higher in the case involving his daughter.

Michael Jermaine Burch was charged in February 2007 with the second-degree rape of a Duke freshman in a bathroom during a party at a residence at 405 Gattis St.

After getting out of jail on a $50,000 bond, Burch was arrested again Nov. 14 on charges of second-degree rape, first-degree sex offense and felony aiding and abetting.

"I'm mad at the judge," the first victim's father said Monday. "I'm mad at the judge, because my daughter left Duke fearing this gentleman. And if an 18-year-old could sense that, why couldn't a grown-up?"

At the time, the judge's order was consistent with bond guidelines. They were revised in March after a series of cases in which suspects who had bonded out of jail were charged with committing new crimes.

Second-degree rape now carries a suggested bond of $500,000.

However, the former Duke student's father says it is too late.

"My heart totally, totally goes out to her and her family," he said of the latest rape victim.

Burch was in the Durham County Jail Monday evening under a $1.85 million bond. He is scheduled to appear in court Dec. 8 on the new charges.

The former Duke student's father said his daughter had to leave Duke following the crime against her and transferred to a university in another state.


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Isn't that nice. My post this morning wasn't nice enough about the rapist to make the cut....dang. Oh well, what's one more disappointment today?

Why is this news? We've known for a long time that the only way to be denied bail in this country is to actually kill someone : rape and other violent crimes (even multiple offences) aren't enough for our bleeding-heart society to lock people up.

This sounds eerily familiar! Someone needs to take a look a the books and make sure all bonds are set higher for violent offenders! Please stop letting these guys out and then put off their court dates for years at a time!!! The victims deserve to deal with the trial asap!

First degree rape is the charge where a weapon is used or a child under thirteen is the victim.

Second degree rape involves force, but without the use of a weapon.

I just looked this up in the NC Statutes

Unfortunately there is financial motivation for judges to set attainable/low bail, especially if a city is having budget problems. A fair amount would keep him in jail until trial, but then the city would miss a free loan for the number of years it took to reach trial. It's equally unfortunate that in Durham voters don't seem to hold these judges accountable.

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