Maryland’s New Consent Law in Sexual Abuse/ Assault Cases: What You Need To Know

According to the 2015 Data Debrief from the National Intimate Partner and Sexual Violence Survey, nearly one in five American women has experienced an attempted or completed rape in her lifetime. If you or a loved one has been sexually assaulted, you know how it can be overwhelming to get through and, more challenging, to seek justice. Until recently, Maryland law placed an unfair burden on survivors of sexual abuse/assault, requiring them to prove that force or threat of force was used against them. However, a change that went into effect in October 2024 shifts the focus to consent, easing the burden of proving sexual assault. This article discusses Maryland’s updated law and how it impacts survivors of sexual abuse/ assault. Read on to learn more.

Sexual Assault in Maryland

Under Maryland law, sexual assault, referred to as “sexual offense,” is defined as engaging in a sexual act through force, threats, or without consent. Sexual assault includes non-consensual sexual acts such as oral sex, unwanted touching, and other sexual conduct. In Maryland, sexual assault is classified into first, second, third, or fourth-degree offenses, each with specific penalties. If convicted, offenders can face criminal charges, including imprisonment, fines, and mandatory registration on Maryland’s Sex Offender Registry.

Redefining Consent in Maryland Sexual Assault Cases

Maryland’s General Assembly passed House Bill 496, removing “by force or threat of force” from sex offense statutes and redefining consent. This means that the requirement to prove “force or threat of force” in second-degree rape cases is no longer applicable. Previously, survivors had to demonstrate that force was used or that they were threatened with force for a case to be legally recognized as rape. Now, prosecutors no longer need to establish that a victim physically resisted an assault to press charges. Instead, the law centers on whether there was clear and voluntary consent, making any sexual act unlawful if performed without consent.

Consent must be given freely, enthusiastically, and by fully informed individuals. It can also be withdrawn at any time and determined by words or conduct. The updated law also clarifies that no written consent documentation is required for legal recognition.

This change acknowledges that survivors may react to trauma in different ways, including experiencing a “freeze” response that prevents them from fighting back. The absence of physical resistance no longer implies consent. Moreover, the law clarifies that consent cannot be inferred by how a person dresses, prior relationship with the accused, or the lack of a verbal objection.

Why Does This Change Matter?

Since the law previously required proof of force, many victims of sexual assault felt discouraged from reporting the incidents, especially if they had not physically resisted, fearing their case might not hold up in court. With the new law, however, survivors of sexual abuse can seek justice without being questioned about why they didn’t fight the perpetrator.

A Towson Sexual Abuse Lawyer Can Help

If you or someone you know has been sexually assaulted, our experienced Towson sexual abuse lawyer serving Towson, Baltimore, and throughout Maryland can help you navigate the process and hold the perpetrator accountable. Contact Hardball Law at 410-494-7400 today to discuss your case.

Source:

stacks.cdc.gov/view/cdc/60893/cdc_60893_DS1.pdf