Michigan Definition of Incapacitation

• Under Michigan law, if a victim willingly drinks alcohol and becomes incapacitated, and the victim is sexually assaulted, this is not considered a crime 

  • It is only a crime if the alcohol or intoxicating substance is given to that person without their consent 

• Alcohol is involved in over 50% of sexual assaults, and 90% of those that occur in  college 

  • Michigan’s definition of mental incapacitation is unscientific, reinforces victim  blaming, and prevents victims from seeking justice 

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.