Victim Rights in Michigan
The Michigan Constitution grants crime victims the right: to be treated with fairness and respect for their dignity and privacy; reasonable protection from the defendant throughout the criminal justice process; notification and the right to attend all court proceedings; consult with the prosecuting attorney; and make a statement at sentencing and restitution.
Among other rights, in the immediate aftermath of an assault the Crime Victim Rights Act, and the Sexual Assault Victims Access to Justice Act grant crime victims certain rights. The the Sexual Assault Kit Submission Act and other Michigan statutes place additional duties on police and healthcare providers.
- Sexual assault medical forensic examination. Michigan law requires healthcare providers to provide a medical forensic examination to any person indicating that they have been sexually assaulted in the previous five days. MCL 333.21527. Victims cannot be required to file a police report or participate in a criminal investigation in order to have this examination and evidence collected. Victims cannot be charged for the medical forensic examination and evidence collection. MCL 18.355a.
- Kit testing. If the victim agrees to release the sexual assault kit evidence, the Sexual Assault Evidence Kit Submission Act requires the police to pick up the kit and submit it to the crime lab for forensic testing. MCL 752.931.
- Right to be notified of perpetrator arrest or release. If a police report has been filed, the victim has the right to call the police and ask to be notified of an arrest or the release of the arrested person, or both. MCL 780.753.
- Right to information about status of the criminal case. If a police report has been filed, the victim has the right to ask about the status of the case, including: the name of the detective or investigating officer assigned to the case; whether the case has been submitted to the prosecuting attorney for review; and whether the case has been closed and the reason for closure. MCL 752.955.
- Right to evidence kit testing results. If a sexual assault evidence kit was collected and released to the police, a victim has the right to ask the police for information about evidence testing results, including: when the evidence kit was delivered to a crime lab for testing; whether DNA evidence was found; whether a DNA profile was entered into CODIS; and whether a DNA profile resulted in a CODIS match. MCL 752.956.
Visit the Michigan Department of Health and Human Services page About Crime Victim’s Rights in Michigan to learn more.