NCJ Number
74355
Date Published
1980
Length
32 pages
Annotation
The changes introduced by the Michigan Law reform in the field of rape and sexual assault are illustrated by a study of court cases in a paper presented at an Australian conference on rape law reform.
Abstract
The goals of law reform in the area of rape are (1) to reflect community consensus, (2) to assure the conviction of rape offenders, and (3) to protect victims against the tribulations of the legal process. The general goals are reflected in the rationale and design of the Michigan Sexual Assault Reform. The reform substitutes for both rape and sodomy the single sex-neutral crime of sexual assault. The new law permits a more nuanced treatment of the degrees of sexual assault. Particular situations are defined (such as the deliberate intoxication of the victim by the offender) which fulfil the legal requirements for sexual assault even though they do not involve the use of violence. The requirements for proving the victim's nonconsent are made less stringent. The marital rape charge is now possible if the couple is living apart or if one party has filed for separation or divorce. No fundamental legal changes are suggested with regard to the corroboration of evidence and prior consensual sexual activities with third parties. Analyses of appellate decisions interpreting and applying the new law and of the effect of the law on the criminal justice system and on the crime of rape indicate that the law has achieved many of its objectives, including a rise in rape reports, arrests, and convictions; a reduction of victim trauma in the court system; and the inclusion of a wider variety of cases. However, it is argued that legal reform is only an initial step in comprehensive framework of changes. The article includes 82 references, notes and footnotes. For related papers, see NCJ 74354.