County Commission takes action to support sexual assault legislation
Published on January 21, 2022
Wayne County Commissioners on Jan. 20 called for greater state action to support victims of sexual assault, including abolishing several long standing legal precedents that victims say protect sexual predators.
The resolution, proposed by Commissioner Melissa Daub, supports a package of bills currently before the state Legislature that would extend the stature of limitations for survivors to file suit, remove government immunity in cases where action failed to be taken, end child marriage in Michigan and eliminate what is known as the Marriage Rape Loophole.
The package also includes legislation that would require sex education classes include such topics as affirmative consent as well as date rape and dating violence.
The proposed resolution was unanimously approved last week by members of the Wayne County Women's Commission, created last year by Commission Chair Alisha Bell, of which Commissioner Daub is a member.
"The Wayne County Women's Commission was formed to address the most pressing issues facing women today," she said.
"I cannot think of a more urgent or important issue to address than the assault and victimization of girls and women. It is beyond time that the Legislature acts to address the shortcomings in the law that leave Michigan lagging far behind other states in our attempts to address, prevent and protect our state's girls and women."
The resolution notes that a sexual assault takes somewhere in the United States nearly every minute, with one out of every six women and one out of 33 men being victimized over the course of their lifetime.
It also notes that for children 17 and younger, those figures are one out of every nine females and one out of every 53 males.
Sexual assault in Michigan has been in the headlines in Michigan recently with allegation levied against a former speaker of the state legislature and a controversial settlement in a case involving a professional hockey player.
RESOLUTION
By Commissioner Daub
WHEREAS, according to the Rape, Abuse & Incest National Network (RAINN), every 68 seconds, an American is sexually assaulted, and 1 out of every 6 American women and 1 in 33 American men have been the victim of completed or attempted rape in their lifetime; and
WHEREAS, according to RAINN, child sexual abuse is a widespread problem; as 1 in 9 girls and 1 in 53 boys under the age of 18 experience sexual abuse or assault at the hands of an adult. The effects of child sexual abuse can be long-lasting and affect the victim's physical and mental health, and perpetrators of child sexual abuse are often related to the victim; and
WHEREAS, In State of Michigan 1961 PA 236 MCL 600.5805, the current statute of limitations for reporting sexual assault is within two years of the incident, for assault and battery claims; within five years of the incident, if the offender lived with the, victim; or by the victim's 19th birthday, if the assault occurred while the victim was underage; and
WHEREAS, according to Child USA, a national think tank for child protection, delayed disclosure is very common among child sex abuse cases and as of the year 2020, the average age of a person disclosing their experience as a victim of child sexual assault was 52 years of age; and
WHEREAS, sexual abuse and assault can take many different forms, and while the majority of perpetrators are known to the victim, in other instances the perpetrator may be a stranger; and WHEREAS, there have been numerous cases within the State of Michigan where people entrusted with the public's best interest have been exposed as sexual abusers to minors as well as adults; and
WHEREAS, it is imperative that we do all we can to protect and prevent further instances of these occurrences, and support legislative efforts to strengthen protections and hold abusers accountable; and
WHEREAS, many lawmakers in Michigan's House of Representatives and Senate have introduced bills that take action and prevention measures against sexual violence; and
WHEREAS, House Bills 4306 and 4307 and the proposed Brixie Amendment A lengthen the statute of limitations for a survivor to file a lawsuit against a physician who disguises their assault as a medical treatment, as well as remove immunity for governmental employees and their employing entities for knowledge of prior crimes of sexual assault with no prevention measures; and
WHEREAS, House Bills 6252 and 6254 would allow for survivors who were failed by the State's narrow statute of limitations to be given the opportunity to bring charges against their abuser; and
WHEREAS, House Bill 5476 and Senate Bill 701 would modify curriculum in Michigan to include in their sex education courses to teach affirmative consent, sexual assault, dating violence and prevention of sexual assault and dating violence; and
WHEREAS, House Bill 4227 calls for an end to child marriage, raising the legal age to marry in the State of Michigan to 18 with or without parental consent;
WHEREAS, House Bill 4699 repeals the Marriage Rape Loophole defense for criminal sexual conduct charges based solely on mental incapacitation of the victim if the victim is the actor's spouse; and
WHEREAS, supporting this legislation will make real and positive changes for those who have been negatively impacted by rape and sexual assault, and will put additional protections in place for people who are currently at risk. Now therefore be it
RESOLVED, that the Wayne County Commission on this 20th day of January, 2022 hereby supports legislators in the Michigan House and Senate to continue their efforts to protect those in their communities from sexual violence, and may a copy of this resolution be shared with the Wayne County delegation of the Michigan House of Representatives and Senate, as well as shared with all 43 communities across the County as we work together to support these initiatives on the State level.
County Commission takes action to support sexual assault legislation(PDF, 219KB)