I read something recently that really disturbed me, that I feel our state needs to correct immediately. Apparently in Michigan, you can not be charged with criminal sexual conduct if you had sex with your spouse while they were mentally incapacitated. The law clearly states that you can be charged with criminal sexual conduct in Michigan, even if the victim is your legal spouse. But loophole exists, and it needs to be wiped out.

What's really messed up is the definition under the law of what it means to be mentally incapacitated. It means that you are drugged without your consent. So let's just make it clear. You can legally drug and rape your spouse in Michigan.

State Rep. Laurie Pohutsky told WXYZ just how dangerous this loophole can be: "I have been the victim of partner rape, and that is why I didn't report it. Because it is so difficult to prove that this person you are in a consenting relationship did something without your consent."
House Bill 4942 would delete mentally incapacitated as an exception to marital rape. It has yet to reach the committee, but if you think it should move forward, you must reach out to your lawmaker in Lansing as soon as possible.

 

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