MICHIGAN'S CRIMINAL SEXUAL ASSAULT LAW (FROM FORCIBLE RAPE - THE CRIME, THE VICTIM, AND THE OFFENDSER, 1977 BY DUNCAN CHAPPELL, ROBLEY GEIS, AND GILBERT GEIS - SEE NCJ-43432)

• NCJ Number: 43438
• Author(s): K A COBB; N R SCHAUER
• Date Published: 1977
• Length: 17 pages
• Corporate Author: Columbia University Press
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THIS DISCUSSION OF THE MICHIGAN SEXUAL ASSAULT ACT INCLUDES A LEGISLATIVE HISTORY, AN ANALYSIS OF THE LAW AND ITS PROVISIONS, AND AN EXAMINATION OF ITS REFORM FEATURES.

Abstract

IN RESPONSE TO PRESSURE FROM WOMEN'S RIGHTS GROUPS AND OTHER REFORM ORGANIZATIONS, THE MICHIGAN SENATE ENACTED A NEW CRIMINAL SEXUAL ASSAULT LAW IN AUGUST, 1974. THE LAW WAS FORMULATED TO DISTINGUISH AMONG DEGREES OF VIOLENCE AS MOTIVATED BY HOSTILITY RATHER THAN PASSION. DEFINITIONS WHICH WERE INCONSISTENTLY INTERPRETED IN THE PAST WERE CODIFIED, AND A NUMBER OF PREVIOUS STATUTES COVERING RAPE AND CARNAL KNOWLEDGE WERE CONSOLIDATED. PROTECTION IS EXTENDED TO MEN AS WELL AS TO WOMEN UNDER THE NEW LAW. A HIERARCHY OF DEGREES RELATING TO THE SEVERITY OF THE CRIMINAL ACT INVOLVED IS INCLUDED, SO THAT A JURY MAY FIND A DEFENDANT GUILTY OF AN APPROPRIATE LESSER OFFENSE IN NONAGGRAVATED RAPE AND SEXUAL CONTACT CASES. PROVISION IS MADE FOR AGGRAVATING CIRCUMSTANCES SUCH AS STATUTORY AGE, PRIOR FELONIES, USE OF WEAPONS, AIDERS OR ABETTERS, AND PERSONAL INJURY. THE PENALTIES OUTLINED BY THE LAW ARE INTENDED TO MATCH THE GRAVITY OF THE OFFENSE, WITH FIRST-DEGREE CONDUCT CARRYING A MAXIMUM OF LIFE IN PRISON. SIGNIFICANT EVIDENTIARY PROVISIONS INVOLVE REMOVING THE REQUIREMENTS OF VICTIM RESISTANCE AND CORROBORATION OF VICTIM TESTIMONY. CONSENT IS NOW AN AFFIRMATIVE DEFENSE IN CERTAIN SITUATIONS, BUT THE USE OF THE VICTIM'S PAST SEXUAL CONDUCT TO PROVE CONSENT IS SEVERELY LIMITED. THE NAMES OF THE VICTIM AND THE ACTOR AS WELL AS DETAILS OF THE OFFENSE CAN BE SUPPRESSED AT THE REQUEST OF COUNSEL, THE ACTOR, OR THE VICTIM. AN ADDITIONAL REFORM IS THE EXTENSION OF PROTECTION TO WIVES LIVING APART FROM THEIR HUSBANDS; PREVIOUSLY A HUSBAND COULD NEVER BE GUILTY OF RAPING HIS WIFE. CRITICISM MAY POSSIBLY ARISE AROUND THE LIMITATION OF FELONY STATUS OF THE AGGRAVATED OFFENSE TO FORCIBLE FELONIES, THE ABSENCE OF MINIMUM SENTENCES, THE AMBIGUITY CONCERNING THE TERMS 'MENTAL ANGUISH' AND 'BODILY INJURY,' AND THE EXCLUSION OF SPOUSES WITH CONTINUING MARRIAGES, BUT THESE AND OTHER DIFFICULTIES MUST BE SUBJECTED TO JUDICIAL INTERPRETATION BEFORE THE ULTIMATE EFFECTS OF THE SEXUAL ASSAULT ACT CAN BE DETERMINED.