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]