While the Women’s Liberation Movement of the 1960s brought forth equality and freedom from oppression, it was not until recently that the American culture witnessed a social movement that left Maryland lawmakers striving to evolve state laws in tandem with society.[1]  In 2017, we saw the rise of the #MeToo Movement, which began with the intention of advocating for females who have survived sexual assault or sexual harassment and encouraging them to speak out about their experiences.[2]  With the help of social media platforms, this hashtag quickly transformed into a movement that has both educated society and motivated state legislators to effectuate social change.[3]

Less than two years after the rise of the #MeToo Movement, Maryland lawmakers followed suit in an effort to eliminate an archaic sex crime law governing the defense for spousal rape.[4]  Under current Maryland law, an individual cannot be prosecuted for first or second degree rape, or third and fourth degree sexual offenses if the victim is the legal spouse of the assailant at the time of the offense.[5]  In an effort to generate change, Maryland Delegates and Senators proposed House Bill 958 in 2019, which would have closed the existing loopholes in Maryland sexual assault laws by repealing the spousal defense for sex crimes.[6]  To society’s dismay, this proposed legislation was ultimately struck down and failed to advance out of the committee.[7]

Despite this failure, sponsors of House Bill 958 persisted, hoping to eventually nullify a law that supports the notion that a man is entitled to a woman’s body. On January 30, 2020, Senate Bill 230 (“the bill”), which is nearly identical to failed House Bill 958, was introduced to the legislature and referred to the appropriate committee.[8]  If reported back to the Senate floor as favorable and ultimately passed into law, the bill will repeal the use of marriage as a defense to prosecution of some sex crimes.[9]  Further, the bill will make it possible for married individuals to file legal claims against their spouses at the time of the alleged rape or sexual offense.[10]

While we are waiting for the Maryland legislature to come to terms with the rapid transformation in both the values and norms of the 21st century, sponsors of the bill are optimistic that it will become law in October 2020.[11]  If passed, the bill will reflect a state-wide public policy that no longer accepts a vow to wed as implied consent to engage in sexual intercourse.

Meghan McDonald is a third-year evening student at the University of Baltimore School of Law and an Associate Editor for Law Forum. Meghan graduated from Towson University in May 2016. Since then, she has been working full-time as a paralegal at Timothy A. Dachille & Associates in Baltimore City, where she handles personal injury cases that go to civil litigation. Meghan will graduate in December 2020 and will continue to work in the litigation field.

[1] G. Kristian Miccio, If Not Now, When? Individual and Collective Responsibility for Male Intimate Violence, 15 Wash. & Lee J. Civil rts. & Soc. Just. 405, 410-412 (2009).

[2] L. Camille Hébert, Is “Metoo” Only A Social Movement or A Legal Movement Too?, 22 Emp. Rts. & Emp. Pol’y J. 321 (2018).

[3] Id. at 327.

[4] Jeff Barnes, Maryland lawmakers look to repeal state’s ‘archaic’ sex laws, The Washington Post (Jan. 23, 2020, 5:19 PM), https://www.washingtonpost.com/local/maryland-lawmakers-look-to-repeal-states-archaic-sex-laws/2020/01/23/66c35eb0-3e2e-11ea-afe2-090eb37b60b1_story.html.

[5] MD Code, Criminal Law, § 3-318, MD CRIM LAW § 3-318

[6] Barnes, supra note 4.

[7] Id.

[8] Id.

[9] Supra note 5.

[10] Id.

[11] Barnes, supra note 4.