We recently observed Sexual Assault Awareness Month. One in five Maine adults has reported that they have been the victim of sexual assault or attempted sexual assault at some point in their lives. Nationally, the CDC reports that more than one in three women and nearly one in four men have experienced sexual violence at some point in their lives.

Donna Bailey

The majority of sexual assault survivors report that they knew their attacker. Raising awareness can help support survivors of sexual assault, and legislation can help, too. I want to discuss some of the bills that I have been working on to stand up for survivors of sexual assault.

The first bill LD 1657, “An Act to Amend the Law Governing Certain Sexual Offenses,” would update Maine’s sexual assault statutes to use the term “consent” instead of “expressly or impliedly acquiesced.”

The latter term is not one that the general public uses; indeed, it may have different meanings to different people. By changing that term to “consent,” we are using terminology that is common and consistent. In addition to changing the term, the bill would further define “consent” as “a word or action by a person that indicates a freely given agreement.” This statutory definition could help establish and affirm social norms. It is essential for redefining cultural expectations and understanding regarding consent.

Effective legal and social frameworks can help society reject sexual violence more broadly. If we use language that is accessible and easily understood, then law enforcement and prosecutors can have a better chance to prove the crime beyond a reasonable doubt.

The second bill LD 1632, “An Act to Require the Proper Storage of Forensic Exam Evidence.”

For many years, Maine has had a process for sexual assault nurse examiners and specially trained medical professionals to collect evidence through a sexual assault forensic examination kit, also called a “rape kit,” after a person has been sexually assaulted. This can be done whether or not the person has reported or intends to report the sexual assault to law enforcement. When a person has a sexual assault forensic examination kit performed and has not and does not intend to report their sexual assault to law enforcement, the statutes direct our law enforcement agencies to pick up the kit from the health care facility and store it for 8 years so that it will be available if the sexual assault survivor decides to report their assault to law enforcement at a later date.

LD 1632 would codify a requirement for law enforcement to pick up, transport, and store forensic evidence of a strangulation, in situations where the strangulation victim: (1.) was not also a victim of a sexual assault; (2.) sought medical care; and (3.) did not, and does not, currently intend to report that strangulation to law enforcement.

It would also extend the timeframe for law enforcement agencies to store sexual assault forensic examination kits from eight years to 12 years. This evidence can be critically important to supporting a prosecution for strangulation if that person ultimately decides in the following days, weeks, or months to report their attack to law enforcement. Our statutes need a simple update to direct law enforcement to similarly pick up, transport, and store this important evidence.

It’s an honor to serve as your state senator. If you would like to submit testimony on either of these bills, go to www.mainelegislature.org/testimony/. If you need assistance, contact the Criminal Justice and Public Safety Committee at  207-287-1122. For survivors of abuse, assault or violence, the Maine Coalition Against Sexual Assault has a list of both state and national resources at https://www.mecasa.org/resources.html.

Donna Bailey serves in the Maine Senate representing District 31, which includes Saco, Old Orchard Beach and Buxton. She can be reached at Donna.Bailey@legislature.maine.gov or 207-287-1515.