The Michigan Daily - Monday, December 1,. LeLoCA STATE esega1 system offeso ptions to sexual assault victims 1997 -7A By btephanie Hepburn Daily Staff Reporter Last month, University alumna Cara Foley gave a tearful testimony that prompted a Washtenaw County judge to nullify a pre- nged legal agreement and send her criminal se ual assault case to trial. The legal system can often provide men and women who, like Foley, have faced sexual crim- indfconduct, a way to put their alleged assailants behind bars, said Lori Coates, Washtenaw County's assistant prosecuting attorney. According to police standards, there are cer- tairr consistent elements that distinguish differ- entEforms of sexual assault. First-degree and third-degree sexual assault deal with penetration * me sort. Second-degree and fourth-degree ns deal with contact. Coates said a woman's first step in getting a possible assailant behind bars is to report the incident to police. "The report then comes to us," Coates'said. "We review whether the criminal charges will be autho- rized." Sarah Heuser, former interim director of the Sexual Assault Awareness and Prevention Center, said it is important to remember that regardless of which way a person chooses to cope with being raped, it is the right way for that person at that time. "It is important to support them no matter what decision they make," Heuser said. If a survivor decides to bring charges against alleged assailants, there are concrete ways to ensure the legal process will move ahead more smoothly. "It is important for the survivor to not show- er," Heuser said. "Don't wash your clothes or things related to the scene that go to the Michigan State Police criminal lab." Ann Arbor is not free of incidents of criminal sexual conduct. Earlier this month, a 21-year-old student was allegedly sexually assaulted in Nichols Arboretum. After holding her at knife point, the perpetrator committed an act of first- degree criminal sexual assault, the student said. Scientists at the Michigan State Crime Lab use an examination kit to learn DNA traits of an assailant, which can be used as evidence in a trial. At University Hospitals, survivors can be treat- ed for injuries and tested for sexually transmitted diseases, using prophylactic treatments adminis- tered by midwives. DNA tests performed on hair, skin and semen can provide circumstantial evi- dence that holds up strongly in trial. "DNA is an acceptable science," Coates said. "DNA analysts testify in court on their findings and can influence the ultimate decision of thejury" After the survivor decides to press charge. a police report is filed and revie ed by prosecu- tors to determine whether criminal charges will be authorized. If prosecutors decide to pursue criminal charges, a preliminary hearing is set to formal- ize the complaint against the defendant. "In the preliminary hearing, some evidence is submitted," Coates said. "At the probable cause hearing, not all of the information has to be pre- sented. You just have to prove to the judge that there is probable cause that the person charged committed the crime." In many cases, a judge reviews the information and decides whether the case should go to court. Foley, who claims she was raped bya faimily member in 1991, said when the judge at her pre- liminary hearing said the case x Ias goino to trial, she was both happy and relieved. Folk said her trust was shattered after the incident. "I thought he was family," Foley sai. "If you can't trust family, who can you trust?" Foley said the results of the preliminarv hear- ing, which was held in September, encouraged her to press on to trial against her assailant Though the case is still pending, Foley said the fact that it is going to trial made her confident that the defendant would receive punishment for what he did to her. "This hearing feels like a win," Foley said at the time. "Three months is just too easy. I would rather have a good ending, and he got the maxi- mum sentence possible." 2000 Cohtlnued from Page 1A will have to be overhauled and converted, as they are curently not "century compliant." Next, many programs that are written to calculate, rather than simply store data, have to be included in the conversion process. F lly, the University's omnipresent chips, in uncount- a e machines and software, will have to be replaced or adjusted. Thiele and her colleagues have been working on an aggres- sivt 28,000-hour plan to design a solution that would be eftive across all University administrative areas. She said the team plans to have a reliable system in place by the end of this year, which will leave a year to rectify any discrepan- cies that might occur. Thiele said efficient and aggressive attitudes toward sowing the century debacle are necessary to correct a prolem that was caused largely by a failure to think about tfuture. 'J'he century concept was a far-away one at the time," ThIle said. "People thought that this stuff (programs) were not"oing to last that long. Well, guess what, it has!" Pioblems that may arise with the coming millennium go far,.beyond tiny computer chips and complicated jargon, Thile said. There is very little in our lives which is not affected by this phenomena," Thiele said. thing is affected ... The problem our dependence on information "Anything and every- is as wide in scope as technology and chip In memory technology is vast ... Now is only the time to check and assure if our standing is a safe one." Thiele said even when reliable correction programs are in place, communication within the University com- munity will be key to the project's success. "The University and all its schools, colleges and depart- ments need to be aware and on their toes about knowing if their programs are 2000 compliant or not," Thiele said. "Neglection could be adverse.' Jose-Maria Griffiths, lTD executive director and chief information officer for the University, said everyone on campus needs to realize the millennium problem is com- ing. "The lTD has done well and we are in remarkably good shape compared to other institutions. Our early start helped us along ... What concerns us now is the issue of awareness," Griffiths said. "People need to be aware of whether their systems, old or new, are 2000 compliant." Griffiths said horror stories of the millennium bringing with it plummeting elevators, crashing bank accounts, and failing medical equipment are greatly exaggerated. "Come January 1, 2000, we will be in great shape," Griffiths said. GLINIC Continued from Page 1A tioning of the girl by Mildred and the mother showed bias and was grssly negligent. ,Allowing the mother to partici- pak in the questioning was a "clini- ca decision" and "kind of a last- re;'ert technique," Faller said in tes- tiliony. The clinic later concluded the girl's *g of allegations appeared to be true. * Jackson County judge hearing the custody dispute said he disre- garded the clinic's report, but he granted custody of the girl to the mother and phased in unsupervised visitation for the father. More than two years later, the judge awarded custody to the father after Child Protective Services and state police determined the mother had been emotionally and sexually abusing the girl. Some psychologists testified the mother had a paranoid personality dis- order. AP PHOTO Crosses at the cemetary at the Nyumbanl House in Kenya mark the graves of children who have died as a result of AIDS-related Illnesses. 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