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January 28, 1998
 
 
 
 

Dear Michigan Citizen

I am writing to you as a member of a statewide group of professionals that calls itself the Michigan Ritual Abuse Task Force. We are attempting to get legislation in Michigan that defines ritual abuse and increases the
punishment for anything that is done to a child or adult as a part of  ritualized abuse. I don't know if you are aware that there are 5 states that now have laws against ritual abuse. Those states are: California, Idaho, Illinois, Louisiana and Montana.  There are efforts in progress in Florida, Oklahoma and Massachusetts.

In February of 1997, Representative David Gubow, a democrat from district 35, introduced bill number 4278 on the floor of the Michigan House of Representatives. I am enclosing a copy of the proposed legislation and a fact sheet on the bill. At the time of introduction, 11 additional Representatives of both parties signed on as co-sponsors of the bill. We had a portion of a hearing before the Judiciary Committee later in the spring and in May the bill was assigned to a subcommittee made up of 5 members of the Judiciary committee.  The task of the subcommittee is to study the bill and the issue and then make a recommendation back to the Judiciary Committee. We are currently waiting for the subcommittee to meet and need to indicate to the Representatives that there is support in the state for the bill.

As a therapist in private practice who has worked with clients who have been ritually abused, I am aware of the controversial nature of the topic.As I have known more and more of these clients since my introduction into this very dark side of life, my own opinion about whether ritual abuse occurs or not has gone from a safe, middle of the road position to my current belief that ritual abuse is horrible, that it does occur in many forms and contexts and that it must be recognized and stopped. We are hoping legislation will establish recognition and support for victims of ritual abuse in the same way that domestic violence legislation increased support for victims of domestic violence.

I don't know what your stand is on this issue but I hope that if you are able to you will  support the legislation by writing or visiting David Gubow's office in support of the bill. Writing, emailing or visiting your own Representative, members of the subcommittee and the Judiciary Committee is also very helpful.  Writing really does help. If you know ritual abuse survivors or their supporters, who are willing to come forward in some way; please encourage them to write their Representative, or David Gubow. The name of an individuals Representative may be obtained by calling the House of Representatives in Lansing at 517-373-0135.

The members of the subcommittee formed to study the issue are:
Representative David Gubow, Chair
Representative Candace Curtis
Representative Alan L Cropsey
Representative Andrew Richner
Representative Ed Vaughn

The Chairperson of the Judiciary is:
Ted Wallace

The address of each Representative is:  Representative (name), State Capitol Building, P. O. Box 30014, Lansing Michigan 48909.  Make sure when you write that you include the number of the bill, #4278.

If you have questions about issues raised in this letter please feel free to contact me by mail, telephone or email. My email address is bseabury@pipeline.com
I encourage you to write and pass the letter on to as many people as possible who would add support. The bill will not move forward unless we can convince the Representatives that it is necessary.

Sincerely,

Barbara H. Seabury A. C. S. W.
Jackson office                                          Ann Arbor office
950 West Monroe, Suite 500                   2300 Washtenaw, Suite 203
Jackson, Michigan 49202                        Ann Arbor, Michigan 48104
517-788-8330                                        313-995-5181
517-788-5952 fax                                  313-995-9011 fax

Michigan Bill #4278
This is an inital draft only. If we ever get that far, we are warned that the final product will be different.

A bill to amend 1931 PA 328, entitled, "The Michigan Penal Code,"  (MCL 750.1 to 750.568) by adding section 411r.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:  SEC 411R.

 (1)  A PERSON SHALL NOT INTENTIONALLY COMMIT AN ACT OF PHYSICAL ABUSE, PSYCHOLOGICAL ABUSE, OR SEXUAL ABUSE AGAINST OR IN THE PRESENCE OF AN INDIVIDUAL AND IN CONNECTION WITH THE DISPLAY OR USE OF A SYMBOL, COSTUME, MASK, CEREMONIAL OBJECT, CEREMONY, OR RITUAL.

(2) EXCEPT AS PROVIDED IN SUBSECTIONS (3) AND (4), A PERSON WHO VIOLATES SUBSECTION (1) IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 15 YEARS.

(3) A PERSON WHO VIOLATES SUBSECTION (1) BY COMMITTING 2 OR MORE ACTS OF PHYSICAL ABUSE, PSYCHOLOGICAL ABUSE, OR SEXUAL ABUSE AGAINST THE SAME INDIVIDUAL IN 2 OR MORE SEPARATE INCIDENTS IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 30 YEARS.

(4) IF A PERSON VIOLATES SUBSECTION (1) AND THE VIOLATION IS A PROXIMATE CAUSE OF THE DEATH OF AN INDIVIDUAL, THE PERSON IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR LIFE.

(5) THIS SECTION DOES NOT PROHIBIT A PROSECUTION UNDER AND OTHER APPLICABLE LAW.  A CRIMINAL PENALTY UNDER THIS SECTION MAY BE IMPOSED REGARDLESS OF ANY PENALTY IMPOSED FOR ANY OTHER CRIMINAL OFFENSE ARISING OUT OF THE SAME CONDUCT OR TRANSACTION.

(6) THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING:
(A) LAWFUL FOOD PREPARATION PRACTICES, HUNTING OR FISHING, OR ANIMAL HUSBANDRY OR AGRICULTURAL PRACTICES INCLUDING, BUT NOT LIMITED TO, BRANDING OR IDENTIFICATION OF LIVESTOCK.    (B) THE LAWFUL PRACTICE OF CIRCUMCISION OR ANY RELATED CEREMONY.       (C)  THE SLAUGHTER OF AN ANIMAL OR THE CONSUMPTION OF ANIMAL FLESH OR BLOOD IN THE COURSE OF A RELIGIOUS RITE OR SERVICE UNLESS IT IS DONE WITH THE INTENT TO COMMIT AN ACT OF PHYSICAL ABUSE, PSYCHOLOGICAL ABUSE, OR SEXUAL ABUSE.

(7) AS USED IN THIS SECTION: (A) "MENTALLY DISABLED" MEANS THAT TERM AS DEFINED IN SECTION 520A. (B) "MINOR MEANS AN INDIVIDUAL WHO IS LESS THAN 18 YEARS OF AGE. (C) "PHYSICAL ABUSE" MEANS INFLICTING OR CAUSING INFLICTION OF OR ATTEMPTING TO INFLICT INJURY THAT IS NOT NECESSARILY PERMANENT TO AN INDIVIDUAL.  PHYSICAL ABUSE INCLUDES, BUT IS NOT LIMITED TO, ANY OF THE FOLLOWING:  (i) HITTING, KICKING, OR OTHERWISE TOUCHING OR BURNING AN INDIVIDUAL, OR CAUSING AN INDIVIDUAL TO BE HIT, KICKED, OR OTHERWISE TOUCHED OR BURNED, IN A MANNER THAT CAUSES THE INDIVIDUAL PAIN OR PHYSICAL DISCOMFORT, OR CAUSING AN INDIVIDUAL TO FALL.  (ii) WOUNDING AN INDIVIDUAL WITH A WEAPON OR AN ARTICLE USED OR FASHIONED IN A MANNER TO LEAD TO THE INDIVIDUAL TO REASONABLY BELIEVE IT IS A WEAPON. (iii) PROVIDING A DRUG, INTOXICATING LIQUOR, OR HARMFUL SUBSTANCE TO AN INDIVIDUAL FOR INGESTION WITHOUT THAT INDIVIDUAL'S KNOWLEDGE OR CONSENT OR TO A MINOR OR AN INDIVIDUAL WHO IS MENTALLY DISABLED FOR INGESTION REGARDLESS OF THE MINOR'S OR MENTALLY DISABLE INDIVIDUAL'S CONSENT.   (iv) INTRODUCING A DRUG, INTOXICATING LIQUOR, OR HARMFUL SUBSTANCE INTO AN INDIVIDUAL'S BODY WITHOUT THAT INDIVIDUAL'S KNOWLEDGE OR CONSENT OR AGAINST THAT INDIVIDUAL'S WILL OR INTO THE BODY OF A MINOR OR THE BODY OF AN INDIVIDUAL WHO IS MENTALLY DISABLED. (D) "PSYCHOLOGICAL ABUSE" MEANS INFLICTING OR CAUSING INFLICTION OF OR  ATTEMPTING TO INFLICT INJURY THAT IS NOT NECESSARILY PERMANENT TO AN INDIVIDUAL'S MENTAL CONDITION.  PSYCHOLOGICAL ABUSE INCLUDES, BUT IS NOT NECESSARILY LIMITED TO, ANY OF THE FOLLOWING:       (i) PERFORMING AN ACT OF PHYSICAL ABUSE ON OR KILLING AN INDIVIDUAL IN THE PSYCHOLOGICALLY ABUSED INDIVIDUAL'S PRESENCE, THREATENING TO PERFORM AN ACT OF PHYSICAL ABUSE ON OR TO KILL AN INDIVIDUAL, OR REPRESENTING THAN ACT OF PHYSICAL ABUSE HAS BEEN PERFORMED OR AN INDIVIDUAL HAS BEEN KILLED.    (ii)  INJURING, MUTILATING, OR KILLING A RELATIVE OR FRIEND IN THE INDIVIDUAL'S PRESENCE, THREATENING TO INJURE, MUTILATE, OR KILL AN INDIVIDUAL'S RELATIVE OR FRIEND, OR REPRESENTING THAT A RELATIVE OR FRIEND HAS BEEN INJURED, MUTILATED, OR KILLED.      (iii)INJURING, MUTILATING, OR KILLING AN ANIMAL IN AN INDIVIDUAL'S PRESENCE, DISPLAYING AN INJURED, MUTILATED, OR DEAD ANIMAL IN AN INDIVIDUAL'S PRESENCE, OR THREATENING TO INJURE, MUTILATE, OR KILL AN ANIMAL. (iv) COMPELLING, FORCING, OR CAUSING AN INDIVIDUAL TO INJURE, MUTILATE, OR KILL AN ANIMAL OR INDIVIDUAL.      (v) THREATENING AN INDIVIDUAL WITH IMPRISONMENT OR CONFINEMENT.    (vi) CONFINING AN INDIVIDUAL IN A COFFIN OR GRAVE OR AN OBJECT OR AREA RESEMBLING A COFFIN OR A GRAVE OR REPRESENTED TO BE A COFFIN OR A GRAVE.     (vii) CONFINING AN INDIVIDUAL IN AN UNINHABITABLE OR ENCLOSED SPACE.  (viii) PHYSICALLY OR FORCIBLY RESTRAINING OR OTHERWISE HOLDING AN INDIVIDUAL AGAINST HIS OR HER WILL.        (ix) DEPRIVING OR THREATENING TO DEPRIVE AN INDIVIDUAL FROM ACCESS TO FOOD OR WATER FOR A PROLONGED OR UNREASONABLE TIME.      (x) DEPRIVING OR THREATENING TO DEPRIVE AN INDIVIDUAL FROM ACCESS TO AVAILABLE FACILITIES FOR URINATION OR DEFECATION.     (xi) DEPRIVING OR THREATENING TO DEPRIVE AN INDIVIDUAL FROM MEDICATION THE INDIVIDUAL NEEDS.   (xii) COMPELLING, FORCING, OR CAUSING AN INDIVIDUAL TO TOUCH OR BE TOUCHED BY OR CONSUME FECES, URINE, BLOOD, OR ANY OTHER H    (xiii) INDUCING OR ENCOURAGING AN INDIVIDUAL TO COMMIT OR ATTEMPT SUI     (xiv) INDUCING OR ENCOURAGING AN INDIVIDUAL TO INURE OR MUTILATE OR A   (E) "SEXUAL ABUSE" MEANS AN ACT PROHIBITED BY SECTION 142, 143, 145A, 520B, 520C, 520D, 520E, OR 520G.