Michigan Definition of Incapacitation
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Under Michigan law, if a victim willingly drinks alcohol and becomes incapacitated, and the victim is sexually assaulted, this is not considered a crime
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It is only a crime if the alcohol or intoxicating substance is given to that person without their consent
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Alcohol is involved in over 50% of sexual assaults, and 90% of those that occur in college
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Michigan’s definition of mental incapacitation is unscientific, reinforces victim blaming, and prevents victims from seeking justice
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What needs to be done
Our proposed changes to definition of “mentally incapacitated” in MCL 750.520a(k):
Current definition:
“‘Mentally incapacitated’ means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or other substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent.”
Proposed definition:
“‘Mentally incapacitated’ means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or other substance.”
See Sections 750.520b through 750.520e for context.