Maryland
Legislative Agenda for Women
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Criminal Law - Third Degree Sexual Offense - Person in Position of Authority Synopsis:
A
bill to prohibit persons in authority from sexually exploiting the adolescents
and children they work with at all times, including when the child is not technically in their care. Committee(s): House
Judiciary and Senate
Judicial Proceedings Lead Sponsors:
Delegate
Cheryl Glenn, 410-841-3257, Delegate
Kris Valderrama, 301-858-3210, Senator
C. Anthony Muse, 301-858-3092 Lead Group(s): Maryland
Coalition Against Sexual Assault, Lisae C. Jordan, Legislative Council,
443-995-5544 Background Information: Child
sexual abuse is an issue of great concern for women.
One in four girls will be sexually abused.
Finkelhor, David, et al. "Sexual Abuse in a National Survey of Adult
Men and Women: Prevalence, Characteristics, and Risk Factors." 1990.
Women with a childhood history of sexual abuse are 4.7 times more likely
to be subsequently raped. Merrill,
L.L., et al. "Childhood Abuse and Sexual Revictimization in a Female Navy
Recruit Sample." Naval Health Research Center, 1997.
The issue of child sexual abuse has only recently begun to attract the
attention of policymakers and much work remains to be done. This
bill would close a loophole in Maryland’s child sexual abuse law.
Current laws
against sexual abuse of a minor fail to encompass sexual conduct that occurs
when the adult does not have “temporary care or custody or responsibility for supervision of a minor”. See
Criminal Law Article §3-602. Past
cases have provided
examples of adults avoiding criminal liability for sexual misconduct with the
minor teenagers they have power and influence over.
For instance, a martial arts teacher may not have sexual relations with
his student while the student is under his supervision.
He may, however, avoid the charge of sexual abuse of a minor by
persuading the student to have sexual relations at other times and in other
places. The coercive nature of the
relationship and power imbalance between teacher and student does not change
with the new time and location. Shockingly,
the student’s protection under Maryland’s law does.
2006
amendments to the sex crimes law addressed a small number of cases of sexual
exploitation between some educators and students.
The 2006 changes made it a misdemeanor sex offense in the 4th degree
for a “full-time permanent employee” of a “public or private preschool,
elementary school, or secondary school” including a “principal, vice
principal, teacher or school counselor” to have sex with one of their
students. This fails to prohibit
sexual conduct between teenage students and part-time teachers, temporary
teachers, volunteers or others in our children’s educational institutions.
It also fails to cover those who teach children in extra-curricular
activities such as sports, arts, tutoring, or religious activities.
The
Person in Authority bill would close the gaps in the current law.
This bill has failed in the House Judiciary Committee by one vote in the
last two sessions. The sponsors
anticipate making some changes to the bill language prior to reintroduction to
address concerns raised about sexual conduct between people very close in age.
The bill was not voted on in the Senate Judicial Proceedings Committee. |
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