New Michigan laws to boost protections for sexual assault survivors
Story by Rayvin Bleu
MID-MICHIGAN (WNEM) - Eight new bills were signed into law on Monday, Dec. 30, in Lansing, and one of those laws is designed to crack down on human trafficking and boost protections for survivors of sexual assault. “It will make it less intimidating for them to have to face their accuser,” said Angela Dudley, a volunteer victim advocate for Genesee Human Oppression Strike Team (GHOST).
A victory for sexual assault survivors after Gov. Gretchen Whitmer signed three bills that will give law enforcement another tool to prosecute human traffickers. “Helps ease the pain of victims trying to regain their freedom back and become survivors,” said Genesee County Sheriff Chris Swanson.
Senate Bills 515, 516, and 517 updated the process for investigating and presenting evidence in sex trafficking cases, allowing survivors to provide written testimony instead of taking the stand. “Many times, these victims are trafficked dozens and dozens and sometimes hundreds of times, and for them to have to relive that when they’ve already given a statement, and we have other evidence, it eases those restrictions,” Swanson said.
The bills also make it less likely for a case to be dismissed or plead out to a lower offense because a victim was unable or unwilling to testify. “We’ve had cases that have has been dismissed by the court because the victims don’t want to testify, and many times that is some of our best evidence,” Swanson said. Victim advocates are happy to see the bills being put in place so victims are not traumatized all over again. “When we have to put victims on the stand multiple times, multiple times with the trauma bonding and the Stockholm syndrome and all of the other things that come along with human trafficking, sexual assault, domestic violence, all it does is retraumatize,” said Dudley.
The bills will also allow prosecutors to use a suspect’s prior criminal activities that are sexual in nature as evidence. “We want the court as well as jurors to know that if this is a repeat pattern, that this is something to take note of, especially for this kind of offense. Repeat offenders in criminal sexual conduct or any predatory sexual offense, that is key information,” Swanson said.
Some criminal defense attorneys see this as a challenge but say it’s all part of the landscape of the criminal justice system. “Whatever laws that are in place, we will work within that framework to do the very best that we can to serve our client. So, it may make it more challenging, but if you don’t adapt while you are doing this job, you’re not doing anybody any good,” said criminal defense attorney Nicholas Robinson.