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2023 - MCASA Legislative Agenda  

The Maryland Coalition Against Sexual Assault (MCASA) is a non-profit membership organization that includes all of the State’s seventeen rape crisis centers, law enforcement, mental health and health care providers, attorneys, educators, survivors of sexual violence and other concerned individuals.  MCASA includes the Sexual Assault Legal Institute (SALI), a statewide legal services provider for survivors of sexual assault.  MCASA supports legislation that promotes justice for survivors of sexual violence, accountability for offenders, and protection for the general public. MCASA represents the unified voice and combined energy of all of its members working to eliminate sexual violence in the State of Maryland.

 

2023 Legislative Priorities - Final Report

The Maryland Coalition Against Sexual Assault (MCASA) supports legislation that promotes justice for survivors of sexual violence, accountability for offenders, and protection for the general public.  MCASA responds to policy questions and legislative initiatives throughout Maryland's legislative session (January-April).  

During the 2023 legislative session, MCASA continued to advocate in Annapolis for the needs of sexual assault survivors and the programs that serve them. Experienced legislators led the way as long-standing priorities were finally passed and new initiatives met with success.  First year lawmakers helped bring fresh energy to Annapolis, and everyone felt the spirit of working together to address the needs of all people in the State.  The new Governor Wes Moore, Lt. Governor Aruna Miller, Attorney General Anthony G. Brown, and Comptroller Brooke Lierman all contributed to a strong legislative session.  Chair Luke Clippinger continued to quietly and effectively ensure that the needs of sexual assault survivors and other victims were considered by the Judiciary Committee and Chair Will Smith took the lead helping to expand access to civil justice and in responding to the Dobbs decision to protect abortion access.  MCASA is grateful to everyone who worked to improve public policy for sexual assault survivors.

Funding is policy.  Chief among MCASA’s responsibilities is to ensure that sexual assault survivors and the programs that serve them have needed resources. We are immensely grateful for the additional support the legislature added to the FY24 budget, and to the continued support from new Governor Moore.  The Governor’s budget included mandated funding for sexual assault programs and also took the step of using state funds instead of federal dollars for this core support.  Additionally, the legislature added $1 million in funds for MCASA to support rape crisis centers (there was also a parallel appropriation for our sister coalition, the Maryland Network Against Domestic Violence).  This needed support will help address increased needs of survivors and increased workforce challenges faced by rape crisis centers.  MCASA appreciates Chair Ben Barnes and Chair Guy Guzzone for their leadership and commitment to helping survivors.  Senator Sarah Elfreth shined in her new role as subcommittee chair, joining the wonderful subcommittee chair Delegate Tony Bridges as they provided needed oversight for victim services funding.

The Victim Services Stabilization Act (SB148/HB186) also passed the General Assembly.  This bill will be a national model for how to address the fluctuations of federal Victim of Crime Act (VOCA) funding.  This funding is critical for rape crisis centers, but also for our allies at child advocacy centers, domestic violence programs, prosecutors’ offices, forensic examination programs, and others who serve victims of crime.  We could not ask for better sponsors than Chair Guy Guzzone and Chair Ben Barnes, both long-time and strong advocates for the needs of women, children, and others affected by sexual assault.  MCASA was honored to lead a strong group of coalitions and programs as Maryland worked to fix this structural funding problem.

It was past time to repeal archaic provisions of the criminal code.  The 2023 General Assembly decisively passed HB4/SB129, the bill to repeal marriage as a defense to sex crimes.  Delegate Charlotte Crutchfield accepted the challenge of being lead sponsor of this bill when she was first elected to the House, never dreaming that it would take so long to pass such a commonsense bill.  Her grace under pressure and willingness to continue the fight over 5 sessions was inspiring.  Senator Ariana Kelly took over senate leadership from now Secretary of State Susan Lee this year, building on past advocacy and moving the bill over the finish line with her passion and directness.  The Maryland Legislative Agenda for Women (MLAW), Women’s Law Center of Maryland, Attorney General’s Office, and Maryland State’s Attorneys’ Association all held firm in the face of arguments to amend the bill and pass “spousal defense lite.”  Thank you to everyone who held firm to the principle that our right to consent should not change based on relationship status.

Another archaic law also met its demise with passage of SB54/HB131.  While Maryland repealed the crime of sodomy in 2020, the law prohibiting “unnatural and perverted” sexual practices remained on the books.  This law prohibited consensual sexual activity between adults and was historically used to intimidate the LGBTQ+ community.  Delegate David Moon and Senator Clarence Lam were lead sponsors, and MCASA was honored to support them and our colleagues at FreeState Justice as this bill was passed.

Finally, after years of debate, tears, and effort, the bill to expand the statute of limitations in child sexual abuse cases was passed.  MCASA has worked on legislation to expand civil justice for survivors since 2004, and it was tremendously moving to see the last legislative impediments fall away with passage of HB1/SB686.  Chair CT Wilson deserves all of our respect and gratitude for his willingness to share his experiences as a survivor over and over again as he advocated for this bill.  We also appreciate the many other survivors – some of them no longer with us – who spoke out and fought to hold perpetrators accountable.  Your advocacy will help others heal.

The Dobbs decision brought the issue of abortion access to the forefront.  Abortion access is critical to rape survivors and MCASA was part of a strong coalition of advocates working on a package of bills to protect reproductive rights in Maryland.  Speaker Adrienne Jones and President Bill Ferguson led the way starting the process to amend the constitution to protect reproductive liberty with HB705/SB798.  Also of particular concern to the field was the need to protect survivors and those who help them at rape crisis centers, and elsewhere, from lawsuits and subpoenas from out-of-state.  We appreciate the efforts of Delegate Nicole Williams, Chair Will Smith, and Attorney General Anthony Brown as HB808/SB859 was passed.

MCASA also began a new initiative to address the issue of consent.  Maryland law does NOT permit prosecution for rape based on lack of consent – it requires more by focusing on victims and whether they resisted.  MCASA respectfully suggests that no one should have sex with someone else without their consent.  House Bill 412 was introduced this session and says just that – it is not an affirmative consent bill, consent could be given by words or action.  Delegate Emily Shetty was our wonderful lead sponsor and will be joined by Senator Ariana Kelly next session.  Schools all over Maryland teach children that consent is needed before sexual intimacy.  It’s time to base our law on consent too.

Coalition is part of MCASA’s name and central to our identity.  We work in coalition with many other advocates in Annapolis as we join forces to support common interests.  Some of the many advocates we work with include Michelle Siri and Laure Ruth at the Women’s Law Center of Maryland; our sister coalition, the Maryland Network Against Domestic Violence and its public policy director, Melanie Shapiro; the Maryland State’s Attorneys’ Association, especially the co-chairs of its Special Victims Committee Joyce King and Debbie Feinstein; the Maryland Children’s Alliance and Wendy Myers and Neal Karkhanis; the Committee to Protect Maryland’s Children; the Maryland Association of Nonprofit Organizations and Henry Bogdan; the Maryland Hospital Association and Jane Krienke, Robyn Elliott representing Planned Parenthood and other health care providers; and the Attorney General’s Office under the leadership of Anthony Brown.  MCASA could not make progress for survivors of sexual violence without the help of these amazing colleagues.  Thank you.

Finally, please know that all of your calls, emails, texts, testimony and advocacy make a difference.  Laws to help survivors of sexual violence would not pass if you did not participate in the process and tell lawmakers that this issue matters to you.

MCASA's Top Priorities - 2023 Session:

Budget – Support for Rape Crisis Centers – HB200
MCASA supports full funding of rape crisis center services and monitors the budget process and individual funding bills.  It is critical that we maintain support for the core services that sexual assault survivors need.  The Governor’s budget included mandated funding for sexual assault programs and also took the step of using state funds instead of federal dollars for this core support.  Additionally, the legislature added $1 million in funds for MCASA to support rape crisis centers (there was also a parallel appropriation for our sister coalition, the Maryland Network Against Domestic Violence).  This needed support is much appreciated and will help address increased need and increased workforce challenges.

 Victim Services Stabilization Act (VOCA) – SB148/HB186 – PASSED
A bill to provide state funds to back-fill VOCA shortages and eliminate the fluctuations in funding for core services.  MCASA led a group of coalitions and service providers to help stabilize this core funding and allow victim services providers to focus on their clients instead of VOCA shortfalls.  The Maryland Children’s Alliance, Maryland Network Against Domestic Violence, Office of the Attorney General, Maryland State’s Attorneys’ Association, MANO, AARP-Maryland, Disability Rights Maryland, Women’s Law Center of Maryland, Maryland Chapter of the American Academy of Pediatrics, Chiefs & Sheriffs Association, MD Department of Human Services, MD Human Trafficking Task Force, Maryland Hospital Association, and others all worked together to pass this important bill.  Bill sponsors Chair Guy Guzzone and Chair Ben Barnes are both long-standing supporters of efforts to help survivors and were strong and effective champions.  They are much appreciated.  Lead sponsors:  Chair Guy Guzzone and Chair Ben Barnes.

Marriage Should Not Be a Defense to Sex Crimes – Love is No Defense Act – HB4/SB129 – PASSED
Maryland allows marriage to be a defense to some sex crimes.  It was past time to remove this archaic law from the books.  MCASA especially appreciates everyone who stood firmly in opposition to amendments that would have continued to allow marriage as a defense to some crimes.  Lead sponsors: Delegate Charlotte Crutchfield and Senator Ariana Kelly (introduced by former Senator Susan Lee).

 Abortion Access – 4 bills – ALL PASSED
In wake of the Dobbs decision, the Maryland legislature acted swiftly and firmly to protect reproductive rights in our State.  Abortion access is critical for rape survivors and the people who help them.  MCASA was honored to be part of the coalition advocating for these important bills.  We are especially grateful to Speaker Adrienne Jones for leading the effort beginning last session, and to President Bill Ferguson for joining her in the 2023 session. The amazing Robyn Elliott, Planned Parenthood of Maryland, and Michelle Siri, Women’s Law Center of Maryland, led advocacy efforts and are also much appreciated.   

  • Constitutional Amendment – HB705/SB798 – PASSED
    A bill to enshrine reproductive rights in Maryland’s constitution.  Passage of this bill will place the issue on the ballot for voters to consider.  Lead sponsors: Speaker Adrienne Jones and President Bill Ferguson.
  • Shielding Providers & Survivors from Liability – SB859/HB808 – PASSED
    A bill to protect rape crisis center staff, health care providers, people who help survivors, and survivors from out-of-state lawsuits and subpoenas when they seek or assist someone seeking abortion care.  Attorney General Anthony Brown testified personally in support of this bill and MCASA was honored to speak on the sponsor panel with him and our colleagues from Planned Parenthood, the Women’s Law Center of Maryland, and health care associations.  Lead sponsors: Delegate Nicole Williams and Chair Will Smith.
  • Insurance Privacy – SB786/HB812 – PASSEDPreventing disclosure and exchange of health care information regarding abortion care. Lead sponsors:  Senator Shelly Hettleman and Delegate Sandy Rosenberg.
  • Reproductive Care on College Campuses – HB477/SB341 – PASSEDRequiring that University of Maryland higher education institutions provide access to contraception and access to abortion care (via referral or on campus). Lead Sponsors:  Chair Brian Feldman and then-Delegate (now Senator) Ariana Kelly.

Statute of Limitations – Civil Child Sexual Abuse – HB1/SB686 – PASSED
This bill eliminates the statute of limitations in civil suits based on child sexual abuse and permits retroactive application of the law.  MCASA honors Delegate CT Wilson and the enormous personal sacrifice his continued advocacy entailed.  Lead sponsors: Delegate CT Wilson and Chair Will Smith.

Safe Harbor for Minor Victims of Sex Trafficking – HB297/SB292 – PASSED
Establishing “safe harbor” rules against criminal prosecution or juvenile proceedings against minors who are victims of sex trafficking and commit lower-level crimes.  Gratitude goes to Amanda Rodriguez, Executive Director of TurnAround for her leadership over the years it took to pass this important legislation. Lead sponsors:  Senator Jeff Waldstreicher and Delegate Sandy Bartlett.

 Repeal – Unnatural & Perverted Sexual Acts – SB54/HB131 – PASSED
A bill to repeal archaic language criminalizing consensual sexual activity between adults, historically used to intimidate the LGBTQ+ community.  Lead sponsors: Senator Clarence Lam and Vice Chair David Moon.

Consent – HB412 – No Vote
A bill to create a statutory definition of consent and make it clear that people have the right to control who touches their body in a sexual manner.  This was the first introduction of this bill and MCASA looks forward to continued work next session when Delegate Emily Shetty will be joined by Senator Ariana Kelly as a champion of this important legislation.  Lead sponsor: Delegate Emily Shetty.

For a PDF of MCASA's 2023 full Legislative Priorities Final Report, click here


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To view a PDF of the laws passed in 2022, click here. 

To view a PDF of the laws passed in 2021, click here. 

To view a PDF of the laws passed in 2020, click here.

To view a PDF of the laws passed in 2019, click here.

To view a PDF of the 2019 Legislative Priorities, click here.

To view a PDF of the laws passed in 2018, click here.

To view a PDF of the final 2018 Legislative Priorities, click here

To view a PDF of the final 2017 Legislative Priorities, click here

To view a PDF of the final 2016 Legislative Priorities, click here.

MCASA encourages and appreciates the support of its member programs and allies in Annapolis.  Members with suggestions about MCASA’s Legislative Priorities are encouraged to contact [email protected] or call 301-328-7023

Together we can improve Maryland’s response to survivors, help bring offenders to justice, and end sexual violence.