Dowagiac man gets prison time for criminal sexual conduct
Published 1:00 pm Friday, April 4, 2025
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CASSOPOLIS — A Dowagiac man is going to prison after being sentenced for sexually molesting an underage girl over several months in 2023.
James Joseph Tovey, 26, of Dowagiac, pleaded no contest to second-degree criminal sexual conduct during the commission of a felony and was sentenced to seven to 15 years in prison. He has credit for 219 days served and must pay $1,048 in fines and costs. He must register as a sex offender.
He also had his probation revoked for violating his probation from a 2022 fourth-degree fleeing and eluding conviction. He was given credit for 244 days already served in that case.
The criminal sexual conduct incident occurred over several months in 2023 and involved having a sexual relationship with a 13 year old girl at locations in Cass County. The girl was rescued by the Southwest Michigan Drug Enforcement Team at a Benton Harbor area hotel.
Cass County Prosecutor Victor Fitz called Tovey’s actions an “abomination” and said Tovey was on the “road to perdition” if he doesn’t change. He said that while Tovey was using drugs at the time of the incidents, that was no excuse for his actions.
“She was in an absolute cesspool with the actions done by the defendant and others,” Fitz said.
Defense attorney Greg Feldman said it was tragic that Tovey and the victim got into this situation and noted that his client suffers from mental deficits.
“He now understands the gravity of the situation that developed,” Feldman said. “He will try to learn from this and not fall victim to this again. He tends to be trusting and is taken advantage of.”
Tovey said he knows what he did was wrong and wants to make things right.
“I know I hurt a lot of people,” he said.
“The indications are that this was a nine month ordeal of sexual and mental abuse for her at your hands,” Cass County Circuit Court Judge Mark Herman said. “You would give her drugs and alcohol. She has experienced night terrors, anxiety and lots of anger. She’s fearful of you returning and wreaking havoc on her life.”
“You say you’re sorry that you hurt people but you’ve had the opportunity to address your issues over and over,” the judge added. “This case involved a 13 year old girl. You said you thought she was 19 but it doesn’t matter what age you think she was. Your actions were callous at best … She’s facing trauma for the rest of her life.”