(Source: MIRS.news, Published 4/27/2023) Victims of older sexual assault cases could bring their cases to court much later after the attack than is currently allowed, under revised post-Larry Nassar legislation that was highlighted Thursday at a morning press conference.
Similar iterations of the "Justice for Survivors" package have been kicked around for three prior terms, but they were never sent to the governor due to pressure from various groups and individuals who were concerned about possible litigation exposure.
Other groups -- some religious in scope and some that are not -- are concerned expanding the statute of limitations on sexual assault cases will empower bitter people to make false accusations against someone. Another source said the insurance lobby got into the debate in years past, as well, concerned that they'd ultimately be on the hook for a big check if a case went against a policyholder.
Asked why a statute of limitations expansion for sexual assault victims didn't make it in the past, Rep. Ryan Berman (R-Commerce Twp.), a leader on these bills from prior sessions, responded with a single word: “Leadership.”
To that, the lead sponsor of the bills this go-around, Rep. Julie Brixie (D-Okemos), said those standing in the way of these bills are shielding rapists.
Brixie and other supporters of the "Access to Justice" plan say that concerns about massive runs on the legal system by victims of prior rapes haven't materialized in other states that have adopted similar reforms.
The bills extend the statute of limitations on civil cases from age 28 to 52. They extend the time window of discovery from three to seven years. They eliminate the statute of limitations on civil cases if there is a criminal conviction. The package also removes governmental immunity for some criminal sexual conduct cases.
"State law should not dictate which survivors have access to justice. That is why our bills allow justice for all survivors," Brixie said. "Changing our statute of limitations laws will ultimately also result in predators, who are most often serial sexual predators, being caught earlier and thus harming fewer people."
The bills also require that sexual assault survivors are told they can speak with advocates and supporters at any time, that showers be available at hospitals following their forensic exam and that forensic exam kits be processed in an "adequate time frame."
Nine House Democrats are sponsoring the bills, but Sen. John Damoose (R-Harbor Springs) was present at Thursday's press conference to stress that the bills are not a partisan issue.
