LEGISLATIVE ACTION ALERT!
Please call the Senate Judiciary Proceedings Committee and ask them to support the
RAPE SURVIVOR FAMILY PROTECTION ACT
The House of Delegates passed the Rape Survivor Family Protection Act (HB646) last night by a vote of 136-0. We are grateful to the House Judiciary Committee and its Chairman for bringing the bill to a vote for the first time since it was introduced 8 years ago.
This bill creates a process to terminate the parental rights of rapists when a child is conceived as a result of rape. About 5% of women of reproductive age who are raped become pregnant as a result, with about 38% carrying a child to term. House Bill 646, introduced by Delegate Kathleen Dumais, and Senate Bill 593, introduced by Senator Jamie Raskin, provide these rape survivors with access to justice.
The House Judiciary Committee made a variety of amendments to the bill to address issues raised at the bill hearings. The most important amendments are:
- respondents will be provided with attorneys (the Sexual Assault Legal Institute is committed to providing attorneys for petitioners);
- testimony in the termination of parental rights proceeding will not be admissible in a criminal proceeding involving the same facts (except for purposes of impeachment);
- a court must use the standard "clear and convincing" evidence to determine whether a rape occurred, whether the child was conceived as a result of rape, and whether it is in the best interests of the child to terminate the rights of the rapists.
Of critical importance: NO CONVICTION is required.
Most rapes do not lead to criminal convictions. It is vital that Maryland’s family law NOT rely on a criminal conviction to trigger protections for a rape victim who has had a child from rape. Among women age 18 and older, only about 19.1% of attacks are reported to police. Of the rapes reported to police only 37% resulted in criminal prosecution, and of prosecuted rapists, only 46.2% were convicted. Of those convicted, 76% were sent to jail. Overall, this means that among rape victims over age 18:
- 7.8% of rapes were criminally prosecuted
- 3.3% of rapes result in a conviction
- 2.2% of rapes result in a conviction and incarceration.*
*U.S. DEP’T OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, NAT’L INSTITUTE OF JUSTICE, EXTENT, NATURE AND CONSEQUENCES OF RAPE VICTIMIZATION: FINDINGS FROM THE NATIONAL VIOLENCE AGAINST WOMEN SURVEY (SPECIAL REPORT) 7 (2006), available at
https://www.ncjrs.gov/pdffiles1/nij/210346.pdf
Fashioning a family law policy which requires a conviction would create the illusion of progress for rape survivors without effectively addressing their needs.
Please call Committee Chairman Bobby Zirkin and members of the Senate Judicial Proceedings Committee and ask them to PASS HB646 and stand firmly against any attempt to require a conviction.
The email addresses and telephone numbers for the committee members are provided below for your convenience. You can also view our
press release about this bill
here.
Thank you, as always, for your support for sexual assault survivors.
Lisae
Lisae C. Jordan
Executive Director and Counsel
MARYLAND SENATE JUDICIAL PROCEEDINGS COMMITTEE PHONE AND EMAILS:
Chair
Robert A. (Bobby) Zirkin, Chair (D-11)
Phone:
(410) 841-3131 |
(301) 858-3131
E-mail:
bobby.zirkin@senate.state.md.us
Vice Chair
Lisa A. Gladden, Vice Chair (D-41)
Phone:
(410) 841-3697 |
(301) 858-3697
E-mail:
lisa.gladden@senate.state.md.us
Baltimore County
Robert A. (Bobby) Zirkin, Chair (D-11)
Phone:
(410) 841-3131 |
(301) 858-3131
E-mail:
bobby.zirkin@senate.state.md.us
James Brochin (D-42)
Phone:
(410) 841-3648 |
(301) 858-3648
E-mail:
jim.brochin@senate.state.md.us
Baltimore City
Lisa A. Gladden, Vice Chair (D-41)
Phone:
(410) 841-3697 |
(301) 858-3697
E-mail:
lisa.gladden@senate.state.md.us
Carroll County
Justin D. Ready (R-5)
Phone:
(410) 841-3683 |
(301) 858-3683
E-mail:
justin.ready@senate.state.md.us
Carroll & Frederick Counties
Michael J. Hough (R-4)
Phone:
(410) 841-3704 |
(301) 858-3704
E-mail:
michael.hough@senate.state.md.us
Cecil & Harford Counties
Wayne Norman (R-35)
Phone:
(410) 841-3603 |
(301) 858-3603
E-mail:
wayne.norman@senate.state.md.us
Harford County
Robert G. Cassilly (R-34)
Phone:
(410) 841-3158 |
(301) 858-3158
E-mail:
bob.cassilly@senate.state.md.us
Montgomery County
Susan C. Lee (D-16)
Phone:
(410) 841-3124 |
(301) 858-3124
E-mail:
susan.lee@senate.state.md.us
Jamin B. (Jamie) Raskin (D-20)
Phone:
(410) 841-3634 |
(301) 858-3634
E-mail:
jamie.raskin@senate.state.md.us
Prince George's County
C. Anthony Muse (D-26)
Phone:
(410) 841-3092 |
(301) 858-3092
E -mail:
anthony.muse@senate.state.md.us
Victor R. Ramirez (D-47)
Phone:
(410) 841-3745 |
(301) 858-3745
E-mail:
victor.ramirez@senate.state.md.us
