EMU Today

YPSILANTI – Eastern Michigan University Associate Professors Annemarie Kelly and Christina Marsack-Topolewski, testified before the Michigan House of Representatives Committee for new laws that protect vulnerable adults with disabilities against abuse and exploitation. 

Kelly and Marsack-Topolewski, both College of Health and Human Services faculty members, spoke in support of House Bills 4320 and 4387. The bills seek to allocate stronger criminal penalties for abusers who manipulate or abuse a vulnerable adult to obtain sexually explicit images of the vulnerable adult. If passed into law, these bills will provide specific protections for vulnerable adults against intentional or knowing acts that “harass, abuse, threaten, compel, force, coerce or exploit the vulnerability of a vulnerable adult.”  

“Vulnerable adults are often unable to recognize an abusive situation and lack the ability to report abuse to their caretakers—as a result, vulnerable adults are often targeted by abusers,” said Marsack-Topolewski.

Kelly and Marsack-Topolewski’s testimony focused on the fact that vulnerable adults with cognitive impairments or intellectual and developmental disabilities face the highest risk of predation and abuse, both online and in person. 

During the hearing, Kelly and Marsack-Topolewski stated that the legislation only applies to actions taken without the vulnerable adult’s consent.  Kelly and Marsack-Topolewski also stated that the legislation does not impede Constitutional rights to free speech or sexual expression because the bills are limited to situations with a clear lack of consent. Kelly said, “The bills are about intentional and knowing abuse as proven by a prosecutor beyond a reasonable doubt.”. “Under existing law, acts of abuse always lack mutual consent— abuse and consent cannot legally coincide,” Kelly added. 

For the past six years, Kelly and Marsack-Topolewski have collaborated on research on disability law and policy. They work together on policy initiatives through the Eastern Michigan University Disability Planning and Policy Center. Over the next several years, Kelly and Marsack-Topolewski will continue to analyze disability policy to ascertain which laws must be strengthened to better protect the health of vulnerable adults.  Their research aims to find ways to hold abusers legally accountable for their actions against vulnerable adults and to deter would-be predators.

Marsack-Topolewski teaches in the School of Social Work and can be reached at ctopole1@emich.edu. Kelly teaches in the Department of Health Administration and can be reached at akelly30@emich.edu. 

About Eastern Michigan University
Founded in 1849, Eastern is the second oldest public university in Michigan. It currently serves more than 14,000 students pursuing undergraduate, graduate, specialist, doctoral and certificate degrees in the arts, sciences and professions. In all, more than 300 majors, minors and concentrations are delivered through the University's Colleges of Arts and Sciences; Business; Education; Engineering and Technology; Health and Human Services; and its graduate school. National publications regularly recognize EMU for its excellence, diversity, and commitment to applied education. Visit the University’s rankings and points of pride websites to learn more. For more information about Eastern Michigan University, visit the University's website. To stay up to date on University news, activities and announcements, visit EMU Today.