The Maryland Senate gave its preliminary approval Tuesday to a pair of bills designed to lift a major barrier to prosecuting rape and to ensure that physical evidence of sexual assaults is preserved.
The final debate and vote on the bills is expected on Thursday.
The first bill would make clear that it is not necessary for a victim to show they resisted their attacker. Maryland’s rape statute doesn’t explicitly require that, but courts have ruled that it’s necessary evidence to show that the victim was forced into having sex.
Advocates for sexual assault victims say the change would lead to many fewer cases being dismissed as unfounded by police.
Sen. Delores Kelley, the bill’s sponsor, said the resistance requirement puts Maryland at odds with laws in the vast majority of states.
"There have been really ridiculous cases," where alleged attackers were cleared under the current law, the Baltimore County Democrat said.
Baltimore County officials announced changes to the way sexual assaults are investigated and prosecuted after an independent review of more than 100 reported rapes that police classified as unfounded.
The county’s focus on sexual assault comes as state lawmakers are considering bills that could…
Baltimore County officials announced changes to the way sexual assaults are investigated and prosecuted after an independent review of more than 100 reported rapes that police classified as unfounded.
The county’s focus on sexual assault comes as state lawmakers are considering bills that could…
The second bill would set statewide rules for the preservation of rape kits, the tools used to gather DNA and other physical evidence when someone reports a rape. The bill would require that the kits and other crime scene evidence that prosecutors think will be useful are kept for 20 years and gives victims the right to know how their kits are being handled.
Baltimore Democratic Sen. Nathaniel McFadden, who was presiding over the Senate, called the rape kits measure "a wonderful bill."
The way in which sexual assaults are investigated attracted particular attention in Baltimore County after a Buzzfeed News report showed police there were dismissing an unusually high number of complaints.
Del. Mike McKay, R-Allegany, explains his bill that would allow beekeepers to shoot a bear that is threatening their bee hives. (Michael Dresser/Baltimore Sun video)
Del. Mike McKay, R-Allegany, explains his bill that would allow beekeepers to shoot a bear that is threatening their bee hives. (Michael Dresser/Baltimore Sun video)
Comptroller Peter Franchot’s tax fraud bill will face a hearing on Wednesday in a Senate committee. (Michael Dresser/Baltimore Sun video)
Comptroller Peter Franchot’s tax fraud bill will face a hearing on Wednesday in a Senate committee. (Michael Dresser/Baltimore Sun video)
County officials are backing the bills but have also taken steps on their own to improve their investigations.
The House of Delegates is scheduled to hold a committee hearing on the bills Tuesday afternoon.
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