Important Legislation Gives Courts More Tools to Prosecute Repeat Sexual Offenders

“The first part of our plan is the Repeat Sexual Predator Prevention Act of 2017. This is a bipartisan measure modeled after Senator Brochin’s Prior Bad Acts bill. It will allow a court to admit evidence of a defendant’s prior history of sexual assaults, during prosecution for subsequent sexual offenses.” - Governor Larry Hogan, January 12, 2017

The Time Is Now For Legislators To Act On The Repeat Sexual Predator Prevention Act Of 2017

The Repeat Sexual Predator Prevention Act Of 2017 Has Not Been Moved Out Of The Senate Or House Committees In Which A Hearing Was Held. The Senate Judicial Proceedings Committee And The House Judiciary Committee Have Not Taken Action On This Important, Bipartisan Legislation. (“Senate Bill 316,” Maryland General Assembly, 1/25/17; “House Bill 369,” Maryland General Assembly, 1/25/17)

The Repeat Sexual Predator Prevention Act Of 2017

Governor Hogan's Proposed Legislation, The Repeat Sexual Predator Prevention Act of 2017, Would Allow A Court To Admit Evidence Of A Defendant’s Prior Sexually Assaultive Behavior During Prosecution For Certain Sexual Offenses Under Specific Circumstances. “The court may admit evidence of sexually assaultive behavior if the court finds and states on the record that: The evidence is being offered to: Prove lack of consent; or Rebut an express or implied allegation that a minor fabricated the sexual offense; The sexually assaultive behavior was proven by clear and convincing evidence; and The probative value of the evidence is not substantially outweighed by the danger of unfair prejudice.” (“Senate Bill 316,” Maryland General Assembly, 1/20/17)

Governor Hogan’s Proposed Legislation Is Bipartisan; Has Received Support From Lawmakers, Law Enforcement, And Sexual Assault Survivors

The Maryland General Assembly Has Considered Similar Legislation For Over A Decade. “The bill is based on legislation sponsored over the last 13 years by Sen. Jim Brochin, D-Baltimore County. But the bill has failed in every year that Brochin has introduced it because of prior bad acts are generally inadmissible in criminal proceedings, which generally focus on the act charged and not what had happened earlier because of concerns the information would inflame or prejudice the jury. Brochin is hoping changes to the bill that would allow the prior bad acts to come in under circumstances where the defendant claims the victim is lying will alleviate some of the concerns about the legislation.” (Bryan Sears, “Hogan Announces ‘Justice For Victims’ Legislative Package,” The Daily Record, 1/12/17)

Delegate Brett Wilson: “It recognizes the science that people are often predators, and they are repeat offenders. So this actually gives a tool so that we can make the safe safer for young people to go out and actually do things like normal human beings.”(Tamela Baker, “Del. Brett Wilson Talks About ‘Justice For Victims Initiative’,” Herald-Mail Media, 1/12/17)

Marilyn Mosby, Baltimore City State’s Attorney: “We’ve trekked down to Annapolis with sexual assault survivors since 2013 in hopes of passing this necessary legislation. So, to learn on the second day of the legislative session that Governor Hogan has made this legislation a top priority in his legislative package makes me optimistic that 2017 will be the year we better protect our most vulnerable populations.” (“Gov. Hogan Unveils ‘Justice For Victims’ Initiative,” WBALTV, 1/13/17)

Chief David Morris, President, Maryland Chiefs Of Police Association: “We recognize that defendants deserve an adequate defense, but in this case, victims deserve justice. This is a common sense bill.” (“Judicial Proceedings,” Maryland General Assembly, 2/8/17)

Sheriff Troy Berry, Charles County: “This is very sensible legislation. It will definitely help safeguard, or attempt to safeguard, in reference to the testimony you heard today - very compelling testimony. And I simply just want to say, we ask for a favorable report in regards to this legislation. It’s common sense, it’s procedural, and it will allow me, as an elected sheriff of my community, the head law enforcement agency of my community, to safeguard my community against sexual predators.” (“Judicial Proceedings,” Maryland General Assembly, 2/8/17)

Adam Rosenberg, Executive Director, Baltimore Child Abuse Center: “When we look at the history of any of these classic pedophile cases, we often see that there’s a long history of grooming that goes on, of different details and acts, and events, an that occur along the way, that really do need to be brought into a trial to be able to show that the child wasn’t lying there.” (“Judicial Proceedings,” Maryland General Assembly, 2/8/17)

Angela Wharton, Sexual Assault Survivor, CEO Of Phynyx Ministries: “But what I cannot fathom, what I cannot stomach, is the thought of a rapist or child molester escaping punishment, even in the face of DNA evidence - because Maryland law does not afford local prosecutors and survivors the same judicial framework as federal law.” (“Judicial Proceedings,” Maryland General Assembly, 2/8/17)

Shatia Lansdowne-Ware Sexual Assault Survivor: “I feel compelled to fight for this law… because if I do not, I am contributing to the brutal attack of another woman or child.” (Tricia Bishop, “Md. Court Rules That Protect Serial Rapists Over Victims Must Be Changed,” The Baltimore Sun, 2/17/17)