Md. Considers Changing Sex Offender Rules

ANNAPOLIS, Md. - The Maryland Senate narrowly approved a measure Tuesday that would enable judges to allow evidence of past sexual misconduct against a minor at the trial of a defendant accused of sexually abusing a minor.

The bill sparked considerable debate and was passed 27-20. It would allow a judge to admit evidence of past sexual misconduct against a minor, if it could be proven in a clear and convincing manner at a trial involving another minor.

The measure would require the court to hold a closed hearing to determine if the evidence is admissible.

"It gives judges the discretion they need to admit the evidence when it's persuasive and when it really happened and it's something we need to do to protect victims," said Sen. Brian Frosh, D-Montgomery.

But some senators who have supported the bill in the past said they have changed their minds about it. The bill passed by a much larger margin in the Senate last year, 46-6.

E.J. Pipkin, who voted for the measure last year and decided to vote against it this time, said the measure troubled him because it "could lead to a scenario not that far down the road where someone who's innocent gets convicted."

"We need to get this right, because this bill, as it's currently drafted and before us today to vote on, says that basically if you're found not guilty in another case it can still be brought into this case," said Pipkin, R-Queen Anne's.

Pipkin used the example of a divorce trial, in which an angry spouse convinces a child to make accusations against another spouse that might be untrue. He said the measure creates a lower standard for a judge to make the accusations admissible.

But Sen. James Brochin, one of the bill's sponsors, said he believed there were enough safeguards in the measure to prevent something like that from happening. Instead, he used another example of a stepfather being accused of sexually abusing a girl and then having an older girl in the family come forward to make corroborating accusations.

"If she can prove in a clear and convincing manner that it happened, then it's admissible," said Brochin, D-Baltimore County.

Brochin said 19 states have similar laws.

The bill has failed in the House of Delegates in recent years, but Brochin said he wanted to try again because the last election brought in new members.

"Whenever you have a turnover of legislators, I think you have to go back and give it another shot to see how that dynamic has changed," Brochin said.

(Copyright 2007 by The Associated Press. All Rights Reserved.)