Last legislative session, Delegate Emily Shetty and 44 co-sponsors introduced House Bill 412 to change the definition of consent in Maryland’s rape law. In the current statute when one person has sex with someone without consent, Maryland’s rape law requires proof of 1) lack of consent and 2) force or threat of force. Force and Threat of Force is proven by focusing on the survivor/victim and whether they resist.
The goal of House Bill 412 was to change the focus to whether there is clear and voluntary agreement between the people involved. The proposed bill struck “force or threat of force” from the statute, leaving “without the consent of the other” and provides a definition of “consent.”
This definition of consent includes:
It also addresses what is not consent:
An updated and clearly stated definition of consent in Maryland law will support sexual assault survivors across the state. This revised definition will more accurately reflect a lack of consent, and better represent the experiences of survivors.
Current law does not reflect what we teach students about consent. Maryland requires age–appropriate instruction on the meaning of “consent” and respect for personal boundaries as part of the Family Life and Human Sexuality curriculum in every grade in which the curriculum is taught in public schools. “Consent” is defined in Maryland’s education law as: “the unambiguous and voluntary agreement between all participants in each physical act within the course of interpersonal relationships, including respect for personal boundaries.” (Education Article §7-445).
Students also feel misled when they learn that criminal law does not view lack of agreement as rape. Standards used in college student judicial conduct proceedings do not require force, they focus on whether there was agreement. A 2016 survey of institutions of higher education found 16 with affirmative consent policies (including the University of Maryland system), 32 using “knowing”, “voluntary” or both, and 13 including “mutually understandable” as part of consent.
Numerous Maryland college student groups, organizations, and individual students provided written and oral testimony in support of this consent bill. Though House Bill 412 did not pass during the 2023 legislative session, MCASA will be supporting the Consent Bill during Maryland’s next legislative session, beginning in January. Student voices are incredibly powerful and bring new perspectives to our elected officials. We look forward to engaging more students in the upcoming legislative session as we work to define consent in Maryland law.
