Maryland’s law fails to prohibit sexual conduct between teenagers and a wide range of people with authority over children. Adults with authority over teenagers and other children should not use their position to sexually exploit the minors they work with. The current law fails to protect teens by imposing complicated and nonsensical distinctions between educators and non-educators, full-time and part-time, permanent and provisional, under supervision and not. Current law leaves out persons in authority who are volunteers and those who work outside of pre-school, elementary schools, and secondary schools. Articles
like this one in the Washington Postand
other media highlight this loophole.
MCASA has worked for over a decade to pass comprehensive legislation to address the gaps in the law and prevent sexual exploitation of teens. Year after year, we have seen legislation fail because of the debate between those who are concerned about criminalizing sexual relationships between people who are close in age, and those who are unyielding in their view that all adults who are sexually involved with the 16 or 17 year olds they have authority over are criminals.
Last week, the House Judiciary Committee passed HB781 with amendments that close the loopholes in the law and
chose to eliminate the proposed compromise which would have exempted young "persons in authority" from criminal penalties.
As amended HB781 will:
- retain the current 25 year penalty for all adults who sexually exploit teens during the time the teen is directly in their care and custody or supervision
- expand the prohibition on sexual relations between persons in authority and teens to include volunteers
- expand the prohibition on sexual relations between persons in authority and teens to include sports and recreation programs
- close current loopholes permitting part-time school teachers and coaches to have sexual relations with students during “off-hours”
- AND the amended bill eliminates proposed compromise language that would have exempted young "persons in authority" from criminal penalties if they are less than seven years older than the teenager and the the sexual conduct was not when the teen was under their supervision.
Senator Jamie Raskin, the lead sponsor in the Senate, fully supports this amended bill and is asking the Senate Judicial Proceedings Committee to adopt the same language. However, many of the members of the Judicial Proceedings Committee continue to express serious reservations about criminalizing young persons in authority for sexual conduct with 16 and 17 year old teenagers.
MCASA believes it’s time to move ahead and enact legislation to increase protections for teens.
Please call the members of the Senate Judicial Proceedings Committee and ask them to adopt the House amendments on SB460. Contact the senators from your district. If you work at a sexual assault program, please also call the senators from the districts you serve.
Your voices make a difference for survivors.
A list of Committee members is below.
Thank you,
Lisae C. Jordan, Esq.
Executive Director & Counsel
Maryland Coalition Against Sexual Assault
Senate Judicial Proceedings Committee: Phone Numbers & Emails
Baltimore City
Lisa A. Gladden, Vice-Chair
(410) 841-3697
[email protected]s
Baltimore County
James Brochin
(410) 841-3648
[email protected]
Norman R. Stone, Jr.
(410) 841-3587
[email protected]s
Robert A. Zirkin
(410) 841-3131
[email protected]s
Cecil, Caroline Kent, and Queen Anne’s Counties
Stephen Hershey, Jr.
(410) 841-3639
[email protected].us
Cecil & Harford Counties
Nancy Jacobs
(410) 841-3158
[email protected]s
Montgomery County
Brian E. Frosh, Chair
(410) 841-3124
[email protected]
Jennie M. Forehand
(410) 841-3134
[email protected]d.us
Jamin B. (Jamie) Raskin
(410) 841-3634
[email protected]s
Washington County
Christopher B. Shank
(410) 841-3903
[email protected].md.us
