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Sexual Assault Benchbook, 2002

NCJ Number
Date Published
655 pages
This resource manual discusses topics pertinent to the criminal justice processing of sexual assault cases in Michigan.
The first chapter summarizes some of the research findings on the dynamics of sexual assault, sexual assault perpetrators, and sexual assault victims; and it then discusses various community resources that are available to victims of sexual assault, both on a statewide and local level. The second chapter explains Michigan's Criminal Sexual Conduct Act (MCL 750.520a), including its terms and definitions, its criminal offenses, and its procedural rules and provisions. Chapter 3 addresses Michigan crimes of sexual misconduct that fall outside the provisions of the Criminal Sexual Conduct Act, such as accosting, enticing, or soliciting a child; adultery; AIDS/HIV and sexual penetration; and the dissemination of sexually explicit matter to minors. The fourth chapter discusses defenses applicable to criminal sexual conduct offenses and other related offenses. Each defense is profiled in terms of applicability, elements, burden of proof, and other relevant issues. The fifth chapter presents information on statutory provisions and case management practices that allow a court, before trial, to enhance the safety of a sexual assault victim (and the public), while also protecting a defendant's rights. The bulk of the chapter focuses on bond and pretrial release orders. The remainder of the chapter presents information on pretrial discovery and explores the boundaries between a defendant's right to obtain exculpatory evidence and a victim's right to safety and privacy. The remaining six chapters focus on specialized procedures that govern preliminary examinations and trials, general evidence, scientific evidence, post-conviction and sentencing matters, other remedies for victims of sexual assault, and sex offender identification and profiling system. Appended supplementary material, a subject index, and a table of authorities