An Overview of Harassment Laws in Michigan
Harassment is a serious issue that warrants appropriate legal attention. No one should have to listen to another person berating them with nasty comments and insults. Such actions can leave painful emotional scars. Additionally, it proves intimidating. There is no reason that you should feel unwelcome in your own home or at work. It is important that you reach out to qualified legal professionals to see how they can assist you if you are ever the target of harassment.
The state of Michigan takes harassment very seriously , and its laws do an admirable job of dousing these destructive actions. In this section, we will provide an overview of Michigan harassment laws. By doing so, we hope to better inform our clients, and members of the general public, about their options when it comes to pursuing a harassment charge under Michigan law.
Different Forms of Harassment Under Michigan Law
Types of harassment under Michigan law include not only some kinds of sexual harassment, but workplace harassment and cyber harassment as well. Sexual harassment is best described by examples, like those below:
- I’ve had cases involving coworkers who had sex with one another on the company premises.
- Other cases involved a manager groping or fondling an employee.
- Other cases involved quid pro quo types of harassment where the sexual harassment was the price of retaining employment.
The other forms of workplace harassment to know about include:
- Harassment based on gender or race, including use of slurs or derogatory comments calling attention to the protected status of the person harassing.
- Harassment based on sexual orientation.
- Religious-based harassment.
- Harassment of the elderly or disabled.
Cyber harassment refers to harassment that takes place via social media or email, such as a series of threats or derogatory comments referring to the protected status of the victim of the harassment.
Michigan’s Legal Terms and Definitions
In Michigan, the law addressing harassment in these contexts is codified as follows: (1) the Elliott-Larsen Civil Rights Act, or "Elliott-Larsen" (MCL 37.2101, et seq.); (2) the Handicappers Civil Rights Act, which was added to the Elliott-Larsen Act in 1998 (MCL 37.1101, et seq.); and the (3) Persons with Disabilities Civil Rights Act, or "PWDCRA"- which was also added to the Elliott-Larsen Act in 1998 (MCL 37.1102, et seq.). In addition to these "civil rights Acts," the state legislature passed the Michigan Penal Code at MCL 750.147b, which made a number of "ethnic intimidation crimes," (i.e. felonious assault, malicious destruction of property, malicious use of chemicals/spreading of harmful biological substances for purposes of intimidation or harassment, etc.) which are charged separately from criminal charges with a crime against a person or property, for either "intimidation" or "harassment" and included a preview of laws governing civil claims for damages that would follow a violation of any of those statutes. There are a number of other criminal statutes that govern crimes of harassment, including "stalking." Finally, a separate (non-civil rights statute), Michigan’s Anti-Bullying statute, MCL 380.1310b, governs anti-bullying policies and laws in the K-12 educational setting.
How to File a Harassment Complaint in Michigan
It is vitally important to report incidents of harassment as soon as they happen. This page describes the procedures and methods for reporting harassment in Michigan.
If this is an emergency, you should call the police at 911. You could also try calling the Michigan State Police for emergencies and/or non-emergencies at 1-855-642-4847. Call the local police department or sheriff’s office for assistance and to file a complaint, if you feel that someone is harassing you. If you are in a different city, you should find out who the chief of police is. Jog your memory and write down or record every relevant thing that you remember about the incidents of harassment that have happened. Try to collect any evidence you can. For example, try to get screenshots of relevant social media accounts, emails, instant messages, text messages, voicemail messages and other relevant information that may help prove harassment. You should NOT do anything illegal to gather such evidence.
Penalties and Punishments Associated with Harassment
The response to the crime of harassment can vary depending on the offense. Harassment, as the Michigan Penal Code states, is not an explicit crime in itself. Harassment generally constitutes a number of other different criminal acts that lead to aggregate charges, which means a single or series of repeated crimes may lead to a charge of aggravated harassment.
As such, the penalties and consequences for harassment depend on the individual crimes that make up harassment. When you commit harassment, you can be charged with crimes such as:
Any of these offenses can qualify as aggravated harassment, and it’s not uncommon for prosecutors to use multiple criminal charges against you in one trial.
Crimes with Misdemeanor Charges
Because it’s so difficult to categorize harassment, a lot of the charges come with misdemeanor penalties. For example, if you’re charged with aggravated stalking , the punishment can be up to two years in jail, a large fine and a permanent criminal record.
Similarly, aggravated stalking includes repeated violations of a restraining order, which is considered a misdemeanor. The penalties are more severe if you’ve already been convicted of stalking.
Crimes with Felony Charges
There are certain crimes that are considered felonies, however, which are charged as felonies, such as aggravated stalking when it includes:
Aggravated stalking with a felony charge may lead to up to 15 years in prison, up to $10,000 in fines and a permanent criminal record. Both felonies and misdemeanors are considered criminal records, however, with felonies subject to harsher penalties.
Many of these offenses also have harsher penalties if you are charged with hate crimes for having committed harassment based on the victim’s race or ethnicity.
Victim Assistance and Protection
In Michigan, support for victims of harassment is readily available through various organizations and resources. Primarily, legal protection is provided under both federal and state laws, including but not limited to 42 U.S.C. § 1983 and MCL 750.411h. Both laws specifically prohibit harassment, and extend into various areas such as employment and schools. While the type of harassment prohibited under Michigan law under MCL 750.411h is more limited than that described under federal law, both laws provide a private right of action to obtain relief from harassment.
The Michigan Coalition Against Domestic and Sexual Violence attempts to connect victims of both harassment and violence with local resources. The Coalition also provides statewide advocacy for victims perpetrated outside of the home.
If you are experiencing ongoing harassment at work by a co-worker, you should report it to your supervisor, human resources, or union representative. The law provides protection for employees against retaliation. Similarly, if the harassment is occurring in school, you should report the conduct to a teacher, counselor, administrator, and/or your parent or guardian.
Counseling services are also a possibility through networks, therapists, and hospitals. Services may vary based on age, funding sources, and availability. A sexual assault nurse examiner (SANE) is a registered nurse with special training who can gather information and collect evidence from sexual assault victims. It is recommended that you avoid bathing, douching, or disposing of clothing prior to the exam. If you think you have been a victim of a crime, you should contact the police as well.
Recent Reforms and Modifications
In recent years, Michigan has seen some changes in its harassment legislation that are important for both victims and perpetrators. For example, the Michigan Legislature recently expanded the definition of first-degree criminal sexual conduct to include the act of knowingly introducing or exposing a victim to a sexual substance. This means that even touching a person can now be prosecuted as criminal sexual conduct in the first degree if the perpetrator introduces a bodily fluid into the victim’s body without their consent, such as vaginally or anally.
The state also recently extended the amount of time sexual assault victims have to prosecute their attacker from ten years to 15. Under this new law, victims will have 15 years after the date of the incident to file a criminal complaint against their abuser. In addition, those who experience first-degree criminal sexual conduct will have 10 years after the date of the offense to sue the perpetrator in civil court. This allows victims to take legal action against the attacker , which is often essential for gaining back a sense of control over the situation.
Perpetrators of sexual assault should also pay close attention to the Michigan Hate Crimes Act. The act defines "hate crime" as intentionally committing a violent crime or threatening to commit such a crime against a person or property out of prejudice toward a particular race, color, religion, gender, sexual orientation, disability or national origin. The law provides for enhanced penalties for hate crimes where the victim was targeted because of their actual or perceived membership in one of these seven classes. For example, an assault committed against someone based solely on their e.g., sexual orientation is considered a hate crime.
When it comes to harassment laws and related issues, Michigan is fairly strict. Both victims and perpetrators need to stay abreast with how the law applies to them and any relevant changes in legislation.