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Maryland ends law requiring rape victims to prove they physically fought back

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You want to hear some good news, right? Here’s some from Maryland that happened during April (which also happens to be Sexual Assault Awareness Month). Victims who are sexually assaulted or raped no longer have to physically fight back to get their assailant charged, thanks to a new law. CNN reports:

SB 217 changes the state's legal definition of rape, bringing it in line with most other states. Hogan signed the bill Tuesday along with a series of other measures intended to reform procedures in sexual assault investigations. Previously, the statute required evidence of force or "threat of physical force" and lack of consent to charge someone with a sexual offense. Lawmakers and advocacy groups said the statute's language led detectives and prosecutors to search for evidence of physical resistance to prove force or lack of consent. A 2016 BuzzFeed News investigation found that the Baltimore County Police often labeled reports of sexual assault as "unfounded" if there was no evidence the survivor fought back.

The move is indisputably in the right direction. Removing the arbitrary requirement of physical resistance allows the law to catch up to the reality of consent. Now victims who are assaulted while incapacitated by drugs or alcohol have a better shot at finding justice through criminal prosecution, if they so choose.


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