LANSING — A package of 27 bills aimed at preventing sexual assault of minors and punishing predators passed the state House of Representatives on Thursday with overwhelming, bipartisan majorities.
The bills arose from the sex scandal surrounding former Michigan State University sports doctor Larry Nassar, who was convicted and sentenced in federal and county courts on charges of possessing child pornography and sexually assaulting young girls and women under the guise of medical treatment.
And while the Nassar scandal has engulfed MSU, which reached a tentative $500 million settlement with 332 victims of Nassar, the legislation largely attempted to ensure that such widespread abuse isn’t repeated and that other victims have expanded access to the courts to deal with past incidents of sexual misconduct.
"I know in my heart and mind that we’re doing the right thing to prevent sexual assault,” said state Rep. Stephanie Chang, D-Detroit, who openly wept during her remarks. “It is about supporting, valuing and listening to survivors. And these are bipartisan policy solutions.”
But other lawmakers questioned several of the bills that were amended to “water down” access to the courts.
A bill that would extend the statute of limitations to sue a predator civilly was changed to limit the group of people who could sue retroactively to those who were abused by a doctor under the guise of medical treatment and that the predator was convicted of a crime. The change essentially means that only the victims of Nassar can sue retroactively.
“I’m not interested in picking winners and losers when it comes to victims of sexual assault. It was my hope that whatever was done, that we’d be looking at all victims,” said state Rep. Adam Zemke, D-Ann Arbor. “But this bill is not about all people. It’s only about certain people during a certain period of time who have been assaulted by a physician … I just don’t see how this bill is good enough.”
Another bill would expand the list of people who are required to report instances of sexual abuse and assault to include physical therapists, their assistants and athletic trainers, but not coaches.
“During the heinous uncovering of Larry Nassar’s crimes, we heard teenagers tell their coaches of what Larry Nassar did to them,” Zemke said, noting the bill as originally written would have included coaches. “Instead in the committee process, the bill was watered down and coaches were removed and that’s absolutely ridiculous.”
But Rep. Klint Kesto, R-Commerce Township, said another bill in the package that would penalize coaches who tried to stop a victim from reporting a sexual crime dealt with the issue.
"Justice will be served and the tools are there for prosecutors and law enforcement to do their jobs," he said. To the victims of sexual assault, "We will have your back."
Despite those concerns, all the bills passed with big majorities ranging from 88-21 to several that passed unanimously.
Among the bills that were passed:
- Requiring informed consent from patients who will receive invasive procedures that include penetration of the vagina and anus; making sexual assault under the guise of medical treatment a crime and revoking a medical license for any medical professional convicted of that crime.
- Increased penalties for possession and distribution of child pornography; and making it a crime for a person in authority to dissuade someone from reporting a sexual assault and expanding the admissibility of prior sexual misconduct in court cases.
- Requiring education on sexual assault and abuse in grades 6-12; creating an ombudsman for Title IX complaints in the Department of Civil Rights and expanding anonymous tiplines to report sexual assault.
- Allow the governor to remove trustees at the state’s three universities where boards are elected – Wayne and Michigan state universities and the University of Michigan.
- Provide training and expand the list of people who have to report instances of sexual misconduct to authorities to include physical therapists, their assistants and athletic trainers; and increase penalties for people who fail to report those instances.
- Expand the statute of limitations from three to 10 years for crimes of criminal sexual assault and 10 years to file a civil suit to claim damages. Childhood sexual assault victims can file civil suits until they are 28 years old.
Three bills that passed the Senate, that would have prohibited public employees to claim governmental immunity in cases of sexual misconduct, didn't have the support in the House to get a vote.
The bills now move to the Senate for consideration and final passage.
Contact Kathleen Gray: 313-223-4430, kgray99@freepress.com or on Twitter @michpoligal