Fuck Michigan.
Now that thats out of the way, Michigan handled this poorly, but not pathetically. From my understanding this case started before Hoke and the policy until recently was that these situations weren't reviewed unless there was charges brought. The reason this case eventually got reviewed and he was separated from the university was because they had to revamp their rules to allow it. From my understanding this case it what eventually forced them to change their previous review rules. The victim in this case made an initial call to the police and basically refused to be a part of the investigation following. Now with all that being said, and in no way am I defending Michigan, it shouldn't have taken 4 years to change the process of reviewing student conduct. And the fact the victim likely didn't cooperate because she was threatened with a future attack if she did, should have held more weight than it did initially. More could have been done from the start, but the eventual results weren't possible in the beginning.
The highlighted portion is where Taylor Lewan, and this has been reported to have been witnessed, hulked over the girl and threatened to rape her if she didn't withdraw her allegations. So where is the investigation of Taylor Lewan? By their old and new rules he is in volation, because in addition to everything else, that qualifies as a felony in Michigan. Fuck Michigan, and all their apologists.
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And as far as the Indiana thing : I talked to an Indiana Attorney, practiced in criminal defense who said a man with an erection, fully clothed, walking up to a woman could be charged and would likely be investigated under this code. That was one legal opinion.
(a) A person who, with intent to arouse or satisfy the person's own sexual desires or the sexual desires of another person, touches another person when that person is: (1) compelled to submit to the touching by force or the imminent threat of force; or (2) so mentally disabled or deficient that consent to the touching cannot be given; commits sexual battery, a Class D felony. (b) An offense described in subsection (a) is a Class C felony if: (1) it is committed by using or threatening the use of deadly force; (2) it is committed while armed with a deadly weapon; or (3) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge. As added by P.L.322-1987, SEC.2. Amended by P.L.31-1998, SEC.7.
From what I understand, the reason that the ND case was so investigated was the "(2) mentally disabled or deficient" clause, because remember, she committed suicide, which most states legally would allow prosecutors to categorize victims of said as mentally disabled or deficient. Just my 2 cents on an extrapolation; I don't think the ND case would have been investigable if their hadn't been the mental health history in the background.
Further to answer your question, in Indiana a Class B, C, or D felony other than one involving murder has a five year statute of limitations, a misdemeanor has two years, obvious DNA being used for ID exceptions apply.
