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Maryland Statutory Rape Lawyer

Statutory rape is often portrayed in the media as being defined as engaging in a sexual act with a minor. However, many people do not realize there is more than one definition to statutory rape. The term statutory rape, by its name, means rape that is defined by a statute. This can be differed from what is known as common-law rape.

If you are facing statutory rape charges, it is important to contact a skilled attorney. A Maryland statutory rape lawyer right away to protect your rights and present your best defense.

Common-Law Rape

Common-law rape is defined by previous cases, or case law, in Maryland. The three acts as prescribed by the law are listed as:

  • Vaginal intercourse
  • Sexual Acts (including anal and oral sex)
  • Sexual Contact (including touching)

Maryland Statutory Rape

In Maryland in particular, there are several definitions of statutory rape which includes alleged sexual contact or engaging in a sexual act or intercourse with:

  • A minor who is 14 or 15 years old when the actor in question is at least 21 years old
  • Substantially cognitively impaired individual
  • A mentally incapacitated individual
  • A physically helpless individual
  • Anyone who has not given consent to do so
  • Anyone who was made to do so under force or threat of force

These are serious allegations that can result in a felony conviction. There are different defenses that a Maryland statutory rape lawyer may present, including lack of consistency in the facts as presented and, in some cases, the knowledge or intent of the defendant.

First-Degree Rape

Rape in the first degree is defined by Maryland State Code Section 3-303 as engaging in any of the following acts in addition to being aided by a third party and/or causing and/or threatening to cause serious physical injury:

  • Vaginal intercourse with another individual using force or the threat of force
  • Vaginal intercourse without the consent of the other individual
  • Engaging in a sexual act with another by force or the threat of force

Second-Degree Rape

In Maryland State Code Section 3-304, a second-degree rape charge includes a sexual act or intercourse with an individual who has been determined to be cognitively impaired, mentally incapacitated, physically helpless.

Also, a charge of second-degree rape includes the allegation that the actor in question is at least four years older than a minor of fourteen years. Penalties for a conviction of rape in the second degree include a sentence of imprisonment for at least fifteen years.

Additionally, convictions involving minors where there is the four-year age gap restriction, the penalties can increase to a minimum of fifteen years in prison not exceeding a life sentence.

First-Degree Sexual Offenses

It is a sexual offense in the first degree in violation of Maryland State Code Section 3-305 to engage in sexual contact without the consent of one party and there was use of some force, threat of force, the presentation or use of some weapon, or the aiding and abetting of a third party.

This is still considered to be a felony in Maryland, and penalties can include a life sentence of imprisonment without parole.

Contact a Maryland Statutory Rape Attorney Today

If you have been charged with an allegation of statutory rape in the state of Maryland, call or email an experienced Maryland statutory rape lawyer who can start a case review with you right away.