Many new laws in Maryland take effect on October 1st of the year they are enacted. MCASA is a leading voice for survivors in Annapolis, and this year’s legislative advocacy helped support important progress for sexual assault survivors. Here are some highlights of the laws going into effect today:
Consent and Repeal of Force – HB496/SB758
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 bill repeals the requirement that the state prove “force or threat of force” in 2nd degree rape cases, and creates a definition of “consent” applicable throughout the sex crimes subtitle. Additionally, the bill requires collection of data on rape and sex offense charges and convictions, including important information regarding sex, age, and race. We especially appreciate the testimony of the brave survivors who helped pass this important law. Lead Sponsors: Delegate Emily Shetty (Delegate Liz Embry, lead co-sponsor) and Senator Ariana Kelly.
Revenge Porn, Sextortion, and Stalking – Time to Prosecute – SB391/HB544
A bill to expand the time to file charges in revenge porn, sextortion, and stalking cases. There will be NO statute of limitations in revenge porn cases, a 10 year statute of limitations in stalking cases, and a 5 year statute of limitations in sextortion cases. Lead Sponsors: Chair Vanessa Atterbeary and Senator Ariana Kelly.
Peer to Peer TeleSAFE – SB950/HB1127
Authorizing peer-to-peer teleSAFE exams with a forensic nurse in one location and another nurse with the patient in another. This is an important effort to expand access to sexual assault forensic exams (SAFEs). Lead Sponsors: Senator Shelly Hettleman and Delegate Sandy Bartlett.
Ban on Commercial Self-Administered Sexual Assault Forensic Kit and Prohibition on Waiver Enforcement – HB1047/SB949
Banning commercial self-administered sexual assault forensic kits (sometimes referred to as DIY rape kits) and voiding waivers of a survivor right to sue or take other action against those providing sexual assault forensic exams or kits (whether self-administered or not). This is an important bill to prevent profiteering at the expense of sexual assault survivors. Senators Shelly Hettleman, Sarah Elfreth, Nancy King, and Bill Folden all deserve special appreciation for standing up for survivors on this issue in the Senate, and Vice Chair Sandy Bartlett and Chair Luke Clippinger were eloquent as they advocated for justice for survivors in the House. Lead sponsors: Senator Shelly Hettleman and Vice Chair Sandy Bartlett.
Sexual Solicitation of a Minor – Child Pornography – HB99/SB113
Adding soliciting a minor to create child pornography to the law prohibiting sexual solicitation of a minor. Lead Sponsors: Vice Chair Sandy Bartlett and Senator Ariana Kelly.
