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 Post and
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.
This is an important debate and one that should continue. However, MCASA also believes that we can and should pass legislation addressing areas of agreement and are grateful to the sponsors of SB460 and HB781 for proposing compromise legislation that will make huge strides towards closing the loopholes in our law. SB460 and 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
- increase potential penalties from a sentence of one year to five years for persons in authority who have sexual interactions with 16- and 17-year olds during “off-hours”
- 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”
Senator Jamie Raskin, Delegate Luke Clippinger, Senator Jennie Forehand, Senator Nancy King and the other co-sponsors deserve our support for introducing legislation to move the law forward. Their bill includes a compromise: it will apply the prohibition only when there is a 7 year age gap when the sexual interaction occurred during “off-hours” (no age gap would be required when the teen is under the direct care or supervision of the adult). This compromise is bringing us closer to passing a bill than we have been for many years. Even those who are concerned about cases involving young adults and teens acknowledge that if there is larger age gap, the criminal law should step in.
Legislation is an incremental process. SB460 and HB781 would make huge progress but are being threatened by those who want a perfect bill. MCASA appreciates their concerns and agree that the 7 year age gap for “off-hours” is an imperfect policy. But it is a real step forward and efforts to create a perfect bill have left teens without any protection for years and years. It’s time to move ahead and enact legislation to increase protections for teens.
Please call your legislators and ask them to report favorably on SB460 and HB781.
Contact the senators and delegates 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
House Judiciary Committee: Phone Numbers & Emails
Allegany County
Kevin Kelly
Phone:
410-841-3404
Email:
[email protected]
Baltimore City
Curt Anderson
Phone:
410-841-3291
Email:
[email protected].us
Jill P. Carter
Phone:
410-841-3283
Email:
[email protected]
Luke H. Clippinger
Phone:
410-841-3303
Email:
[email protected].md.us
Frank M. Conaway, Jr.
Phone:
410-841-3189
Email:
[email protected].us
Sandy (Samuel) Rosenberg
Phone:
410-841-3297
Email:
[email protected].md.us
Baltimore County
John W. E. Cluster, Jr.
Phone:
410-841-3526
Email:
[email protected]
Cecil, Caroline, Kent, & Queen Anne's Counties
Michael D. Smigiel, Sr.
Phone:
410-841-3555
Email:
[email protected].md.us
Cecil & Harford Counties
Glen Glass
Phone:
410-841-3280
Email:
[email protected]
Frederick & Washington Counties
Michael J. Hough
Phone:
410-841-3472
Email:
[email protected].us
Harford County
Susan K. McComas
Phone:
410-841-3272
Email:
[email protected].us
Montgomery County
Kathleen M. Dumais, Vice-Chair
Phone:
410-841-3052
Email:
[email protected].md.us
Sam Arora
Phone:
410-841-3528
Email:
[email protected]
Susan C. Lee
Phone:
410-841-3649
Email:
[email protected]
Luiz R. S. Simmons
Phone:
410-841-3037
Email:
[email protected]
Jeffrey D. Waldstreicher
Phone:
410-841-3130
Email:
jeff.waldstreicher@house.state.md.us
Prince George's and Calvert Counties
Joseph F. Vallario, Jr., Chair
Phone:
410-841-3488
Email:
[email protected].md.us
Prince George’s County
Darren M. Swain
Phone:
410-841-3692
Email:
[email protected]
Kriselda Valderrama
Phone:
410-841-3210
Email:
[email protected].md.us
Geraldine Valentino-Smith
Phone:
410-841-3101
Email:
geraldine.valentino@house.state.md.us
Washington County
Neil C. Parrott
Phone:
410-841-3636
Email:
[email protected]
Wicomico & Worcester Counties
Michael A. McDermott
Phone:
410-841-3431
Email:
[email protected].us