NCJ Number
82665
Date Published
1982
Length
187 pages
Annotation
This book describes the background and provisions of Michigan's criminal sexual conduct law of 1975, one of the earliest and most comprehensive rape law reforms; it examines the law's impact on rape victims, conviction rates, and judicial processes.
Abstract
Michigan's model rape law was enacted through the efforts of a bipartisan coalition of women's groups and law-and-order advocates led by the Michigan Women's Task Force on Rape. The law incorporated the following innovations: a degree structure to define and codify a range of assaultive acts, prohibition of sexual history evidence, elimination of resistance and consent standards, and extension of the law's coverage to previously unprotected groups. Following a summary of the law's legislative history and provisions, the book discusses its effect on crime statistics and perceptions of police, prosecutors, defense attorneys, judges, and crisis center personnel regarding the law's impact. This analysis showed that arrest rates climbed and convictions for forcible rape increased dramatically after the law's passage, while the importance of plea bargaining seemed to diminish. Interviews with criminal justice system officials suggested that the law has not changed the system's approach to sexual assault cases, although it has produced improvements in the victim's interactions with the system. Victims also have more success in pursuing cases not previously covered, such as incest or those involving legally separated spouses. The book explores impediments to the law's implementation, focusing on police and prosecutorial discretion, victim credibility, polygraph use, and differing definitions of sexual assault. External influences within the criminal justice system are also examined. The appendixes contain the study's survey questionnaires and the law's text. Tables, footnotes, and an index are included.