There is presently a loophole in Michigan law that technically makes it legal for a man or woman to rape his or her spouse. A new bill being introduced to Michigan's House of Representatives aims to close that loophole.

All 50 states have laws in effect that make marital rape a crime. But there are exceptions in many states - and in Michigan, there's a big one. You cannot be charged with criminal sexual assault with your spouse if you have sex with your partner if he or she is mentally incapacitated.

Representative Laurie Pohutsky explains why that is a glaring exception.

"The loophole states it is legal to sexually assault your spouse if you drug him or her without their consent," Pohutsky tells WXYZ.

Pohutsky has introduced House Bill 4942.

"I have been the victim of partner rape, and that is why I didn't report it," Pohutsky said. "Because it is so difficult to prove that this person you are in a consenting relationship did something without your consent."

Her bill would eliminate the mentally incapacitated clause from the current Michigan law.

Pohutsky says the bill has not yet gone before committee but it does have bipartisan support.


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