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Proposed bill would allow grooming as evidence in cases of sexual assault

The bill was partially spurred by allegations of sexual assault against former Michigan House Speaker Lee Chatfield.

LANSING, Mich. — On Thursday, a new bill was proposed with the goal of reevaluating how the state views consent in sexual assault cases. More specifically, the bill would provide a legal definition to grooming and allow it to be admissible as evidence in criminal cases.

State Representative David LaGrand (D-Grand Rapids) penned the bill. In a press release, LaGrand defined grooming as “a pattern of behavior by an individual with either authority or influence, through age or other means, who engaged in a course of behavior designed to normalize unwanted sexual advances or contact.”

HB 5767 has been referred to the House Judiciary Committee. LaGrand says recent assault cases involving minors show the need to put grooming in writing, and cited the crimes of Larry Nassar and Jeffery Epstein. 

RELATED: Nassar abuse victims reach $380 million settlement with USA Gymnastics, USOPC

"Right now in Lansing we have something that I am convinced is sort of like a Watergate moment," said LaGrand. 

Those high profile nationwide cases aren't the only thing motivating this newly proposed bill. In January, former Michigan House Speaker Lee Chatfield was accused of sexually assault. Rebekah Chatfield, sister-in-law to the former Speaker, claims Lee Chatfield raped her as a teenager. 

"The allegations in the Chatfield case clearly involve claims of grooming and claims of consent," LaGrand said. "The whole point of grooming is to normalize things that aren’t normal, aren’t permissible, and to break down people's consent." 

LaGrand argues the current view of consent in Michigan does not take grooming into consideration—only looking at the moments of assault rather than allowing for context in cases of a long-term existing relationship. He called grooming "death by a thousand cuts" and says it's done by people in power to wear down how inappropriately a survivor views unwanted advances.

LaGrand is hopeful the bill will become law quickly, but he knows there's a chance it doesn't see the light of day. Though HB 5767 sits in the House Judiciary Committee, it has a long way to go before reaching the desk of Gov. Gretchen Whitmer.

"The problem with our democracy in Michigan is there are a lot of people who can say yes or no to even letting something like this get discussed as potential legislation," LaGrand Said. "Lee Chatfield had that power himself."

Lee Chatfield's attorney issued a statement about the bill Saturday:

The legislation to allow evidence of “grooming” to be admitted in court is an example of politicians purporting to solve a problem where none exists. “Grooming evidence” is already admissible in court.

But a real problem that appears to exist and is in desperate need of a solution is the utter lack of respect for the constitutional principles of due process and the presumption of innocence. This problem was on full display with the comments made regarding the introduction of this legislation.

Attempts to tie the “need” for this legislation to an allegation against Mr. Chatfield are nothing more than a way to make headlines. Any reasonable person should recognize that an allegation isn’t a fact, and anyone can make an allegation—no matter how outrageous—about another person. Elected officials shouldn’t use the illogical and irrational claims of a woman who thinks that she can see the future and sense the secrets of the universe to make laws in our state.

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