an, as opposed to the older method of focusing on the womans combative measures. The new laws can be somewhat flawed, however. For example, in Michigan, the only situation in which sex (penetration or contact) is penalized in the absence of force or coercion is where the act takes place under circumstances involving the commission of any other felony or where the actor is armed with a weapon.(Estrich 84) The flaws in this new wording prohibit such acts as consensual sex between the kidnappers themselves. It also bans consensual intercourse of a married couple if one of the partners happens to be armed but not brandishing the weapon.The force and corroboration requirements have also been unambiguously abolished. The reformed, statute explicitly provides that the testimony of the victim need not be corroborated and that a victim need not resist the actor.(Estrich 86) Michigan outlines what threats are construed as coerced sex. The definition includes the threat, to use force or violence on the victim, the threat, to retaliate in the future against the victim, or any other person, and when the actor engages in the medical treatment or examination of the victim in a manner or for purposes which are medically recognized as unethical or objectionable.(Estrich 86) A problem with this definition is that the immediate threat must be directly on the victim, and not, for example, on her children or family. In addition, the proviso that prohibits unethical medical acts can be read to disallow alternative medicine, as well as controversial medical practices such as abortion.Michigan also provides that if the victim is between the ages of thirteen and sixteen, the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit.(Estrich 87) This stipulation does not outlaw the coercion by authority of a supervisor or teacher over an adult woman. It is only age that the law uses as a limiting factor...
