The Michigan Daily - Thursday, September 14, 1989-Page 5

Court rules against
slander suit in rape case

LANSING (AP) - Malice did
not prompt a college student to ac-
cuse a man of sexual assault, so he
cannot sue her for slander, the
Michigan Court of Appeals has
ruled.
In a ruling released yesterday, the
appeals court said the man had not
shown the assault charge was pro-
voked by actual malice on the part of
the woman and a sexual assault
counselor, who was also named as a
defendant.
It upheld a ruling by Washtenaw
County Circuit Judge Edward Deake,
who dismissed the lawsuit filed by
Thomas Rosenboom.
The case was similar to another
in which a University of Michigan
engineering student sued a woman
who had accused him of rape. That
case led to predictions that rape vic-
tims would be fearful of lodging
complaints against their attackers.
It also led to the introduction of
legislation to strengthen Michigan's

rape shield law. The proposed law
would prohibit defendants from fil-
ing civil lawsuits against their ac-
cusers until a criminal trial is con-
cluded.
The legislation is pending com-
mittee.
The case filed by Rosenboom ac-

she signed a criminal complaint
identifying Rosenboom as her at-
tacker.
He was charged with fourth-de-
gree criminal sexual conduct.
On Oct. 20, 1987, Rosenboom
filed his lawsuit against the women.
He later sought an injunction to pre-

The appeals court said the man had not shown
the assault charge was provoked by actual malice
on the part of the woman.

cused the woman and her counselor
of slander and intentional infliction
of emotional distress.
According to the appeals court
ruling, the woman was assaulted
outside her university residence on
Sept. 12, 1987. Later that month,

vent them from "harassing" his su-
pervisor by asking him what he was
going to do about Rosenboom. On
Feb. 1, 1988, the case against him
was dismissed. The women then
sought dismissal of Rosenboom's
lawsuit against them

Assmclatd Pr*"
Soviet cracks Liberty Bell
Former Soviet Politboro member Boris Yeltsin, right, touches the historic Liberty Bell yesterday following an
address to the World Affairs Council in Philadelphia. Ok, so maybe it was cracked already.


Koch loses primary

;0

Democrats fill vacated House seats

Associated Press
New York City Democrats preached
unity yesterday, the day after David Dinkins
wrested the party's mantle from Mayor
Edward Koch and thrust himself into a
November general election race with
Republican Rudolph Giuliani.
There was no such consensus in Detroit,
where Mayor Coleman Young faces oppo-
sition from fellow Democrat Tom Barrow
in November. But Young, who led a field

of 13 candidates in Tuesday's non-partisan
primary, remains an overwhelming favorite
to win an unprecedented fifth term.
House Democrats savored twin victories
in Texas and California, where former
House Speaker Jim Wright and Majority
Whip Tony Coelho were able to boost
Democrats into seats the leaders abandoned
when they became targets of ethics investi-
gations.
In New York, Koch and two lesser-

known Democratic candidates appeared with
Dinkins at a City Hall rally and pledged to
support him in November.
Dinkins, the Manhattan borough presi-
dent, beat Koch by a 51-to-42 percent mar-
gin, a surprisingly large victory that ended
Koch's dream of winning a record fourth
term.
"Yesterday, we were rivals," said
Dinkins, who could become New York's
first Black mayor. "Today, we're allies

united against common foes. Those foes are
crime and drugs, poverty and pollution, il-
literacy and infant mortality."
He might have added Giuliani to the list.
The former mob-busting federal prosecutor
trounced cosmetics heir Ronald Lauder in
the GOP primary and immediately became
the most seriously regarded Republican
candidate for mayor since former Mayor
John Lindsay.
Giuliani beat Lauder by a 67-to-33 per-

cent margin, even though Lauder spent an
estimated $13 million - about $350 per
vote - in a media-intensive, sharply nega-
tive campaign.
Giuliani went on the attack yesterday,
saying he would be "much tougher on
crime, much tougher on corruption, much
tougher on drugs" than Dinkins.
But Dinkins had sent a signal Tuesday
night that he intends to go toe-to-toe with
Giuliani on law-and-order issues.


Sigma Nu Fraternity
We'd like to invite all
interested men to rush.
Sun. 17th thru Thurs. 21st.
Uno's Pizza on Sunday.
700 Oxford Dr.

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