MCASA in the News: General Assembly Considers Bills To Improve Access to Justice For Sexual Assault Survivors

Mar 03rd, 2017

This legislative session, lawmakers are considering multiple bills that would make a profound impact in the lives of sexual assault survivors across Maryland.  A recent article in Herald-Mail Media describes three of the crucial bills that are currently being discussed in the House Judiciary Committee.  MCASA Executive Director Lisae C. Jordan, Esq. was interviewed to provide insight into the importance of these bills and how critical they are for survivors of sexual assault across the state. First, HB429 clarifies and modernizes Maryland’s sexual assault statutes to make clear that rape victims do NOT have to physically resist sexual assault for it to be considered a crime. According to Jordan, “Victims of sexual assault should never be required to physically resist the attack.”  She describes how in a recent audit of unfounded sexual assault cases in Baltimore County, there were many cases in which victims verbally refused, often upset, fearful, and crying, and then were told by police that they were not raped and that no crime occurred. A second bill, HB647, expands the classification of “rape” in Maryland law to include any forced act of sexual penetration.  Currently, Maryland law classifies “rape” as vaginal-penile intercourse, while anal rape, oral rape, and rape with an object are all classified as “sexual offenses.”  This can result in survivors being told that they were “not raped” which can be very disrespectful and insensitive.  Additionally, Maryland's definition is out of sync with the FBI's definition used in the Uniform Crime Reports.  Jordan notes that this bill would not change the penalties associated with the crimes, but “from the survivor's point of view, it means a lot.” Finally, HB369 expands admissibility of prior evidence of sexual abuse or sexual assault to be used in the prosecution of criminal cases in certain situations, including if there is a question about whether the victim consented or a question of whether a minor victim is making a false allegation. Baltimore City State’s Attorney Marilyn Mosby testified, “A registered sex offender can take the stand in the face of DNA evidence, lie on those they've brutally violated and traumatized by claiming the acts were consensual and never have to answer questions about their past predatory behavior including prior convictions—no matter how closely linked in time nor how similar their prior acts were, it's not only disconcerting but it's highly offensive.” Please contact committee members with the message that they should support these bills to expand access to justice for survivors of sexual assault.  Tell them to vote YES on HB429: Rape and Physical Resistance, HB647: Classification of Rape, and HB369: Past Bad Acts. MARYLAND HOUSE JUDICIARY COMMITTEE PHONE AND EMAILS: Leadership Joseph F. Vallario, Jr. (D-23B) – Chair Phone: (410) 841-3488 Email: [email protected].us Kathleen M. Dumais, Vice Chair (D-15) Phone: (410) 841-3052 | (301) 858-3052 E-mail: [email protected].us Anne Arundel County Michael E. Malone (R-33) Phone: (410) 841-3510 | (301) 858-3510 E-mail: [email protected].us Baltimore City Frank M. Conaway, Jr. (D-40) (410) 841-3189 | (301) 858-3189 E-mail: [email protected]s Curtis Stovall (Curt) Anderson (D-43) Phone: (410) 841-3291 | (301) 858-3291 E-mail: [email protected]s Baltimore County Charles E. Sydnor III (D-44B) Phone: (410) 841-3802 | (301) 858-3802 E-mail: [email protected].us Joseph C. (Joe) Cluster, (R-8) Phone: (410) 841-3526 | (301) 858-3526 E-mail: [email protected] Dan K. Morhaim, M.D. (D-11) Phone: (410) 841-3054 | (301) 858-3054 E-mail: [email protected] Charles & Prince George's Counties Elizabeth G. (Susie) Proctor (D-27A) Phone: (410) 841-3083 | (301) 858-3083 E-mail: [email protected]s Carroll & Howard Counties Trent M. Kittleman (R-9A) Phone: (410) 841-3556 | (301) 858-3556 E-mail: [email protected].us Harford County Glen Glass (R-34A) Phone: (410) 841-3280 | (301) 858-3280 E-mail: [email protected] Susan K. McComas (R-34B) Phone: (410) 841-3272 | (301) 858-3272 E-mail: [email protected]s Howard County Vanessa E. Atterbeary (D-13) Phone: (410) 841-3471 | (301) 858-3471 E-mail: [email protected].md.us Montgomery County David Moon (D-20) Phone: (410) 841-3474 | (301) 858-3474 E-mail: [email protected] Pamela E. Queen (D-14) Phone:(410) 841-3380 | (301) 858-3380 E-mail: [email protected] Prince George's County Jazz Lewis (D-24) Phone: (410) 841-3691 | (301) 858-3691 Email: [email protected] Carlo Sanchez (D-47B) Phone: (410) 841-3340 | (301) 858-3340 E-mail: [email protected]s St. Mary's County Deborah C. Rey (R-29B) Phone: (410) 841-3227 | (301) 858-3227 E-mail: [email protected] Washington County Neil C. Parrott (R-2A) Phone: (410) 841-3636 | (301) 858-3636 E-mail: [email protected] Brett R. Wilson (R-2B) Phone: (410) 841-3125 | (301) 858-3125 E-mail: [email protected]

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