Howard County Statutory Rape Lawyer

Any charge involving a rape charge can have lasting effects on your personal and social life. Getting the help from an experienced attorney is always important when building a case. A Howard County statutory rape lawyer can analyze any charge, and help craft a case and advocate for anyone who has been charged.

Aspects of Statutory Rape

The biggest issue in statutory rape is the younger party generally consents. Another prominent aspect of statutory rape charges is if it is a third-party allegation, the other is if one party becomes pregnant. That is usually evidence of sexual activity. But generally speaking, it is not the parties or after the parties are no longer together, that is when the younger party involved can report it. There are a number of ways that it can be reported, but it generally is a third-party report.

Howard County Prosecution and Penalties

Howard County takes a strong position that an individual under a certain age does not have the capacity to consent to, or understand the repercussions of, their actions, and are protected against their own interest or desires.

By law, a 12-year-old and a 16-year-old could legally have sex, so the law would take the decision away from someone so young and make it prohibited.

Statutory rape is considered Second Degree Rape and the older of the two can get up to 20 years incarceration for it. An individual cannot both be a victim and a perpetrator of the same crime.

Romeo and Juliet Clauses

A Romeo and Juliet clause is designed to protect two individuals who were young and together but, by virtue of the age and the timing, they are breaking the law. If, for example, one individual is a freshman and one is a senior in high school together, and the senior happens to turn 17 while the freshman is still 13, that is technically against the law. Unfortunately, Howard County does not recognize the Romeo and Juliet clause and there is no defense in this state.

However, there is still that four year period. A senior and freshman are okay so long as there is less than a four-year difference between them. They may have been friends since they were kids, they may have gone to middle school together and maybe went to high school together. All of a sudden, by virtue of the older one turning of age before the younger one, even though they have known each other for years and can be married years later, it is against the law.

Role of a Howard County Statutory Rape Lawyer

An experienced Howard County statutory rape attorney that is sensitive to the issues that surround any allegation of rape, has relationships with prosecutors and judges, and can use those relationships and knowledge to best represent a defendant is necessary in these cases. If the statutory rape is a third-party report, it is difficult to prove that intercourse happened. If the younger of the two persons involved reports something to a parent or other party, the parent or other party does not have any firsthand knowledge of what happened.

A Howard County statutory rape attorney would gather what evidence there is and try to prove something. Often there are no witnesses other than the two involved, and neither of them are going to testify. At that point, the prosecution would need to prove that there was actual vaginal penetration. If they cannot, then they cannot prove their case.

If you have been charged with statutory rape it is important, please contact experienced and knowledgeable Howard County statutory rape lawyers.