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If you are charged with statutory rape, it is crucial to get in contact with a Maryland statutory rape lawyer. A well-versed attorney could help you understand your legal position, rights, and options to help build a defense to the charge.
Under Maryland law, a person commits second-degree rape if they have sex with someone under the age of 14 and the person is at least 4 years older than the accuser. Additionally, a person over 21 cannot engage in a sex act with someone under the age of 16. In each case, the law does not consider whether the younger person “consented” to the act, whether force or threats were employed, or any other attendant circumstances. The conduct is criminal based solely on the nature of the act and the age of the parties involved. Therefore, an individual who is 15 or younger cannot legally consent to having sexual relations, and partaking in such activity can be prosecuted as statutory rape.
In Maryland, the degree of sexual offense and the subsequent punishments depend on the age of the minor as well as the age difference between the two individuals involved. If the two are more than four years apart and the minor is under the age of 15, the charge for the offense may be more severe, falling under either second, third, or fourth-degree rape.
Second-degree rape is committed when a minor is under the age of 14 and has sexual intercourse, oral, or anal sex with a defendant who is four years older. This is prosecuted as a felony in which the defendant can go to prison for up to 20 years.
Third-degree rape is committed when a minor is 14 or 15 and has sexual intercourse, contact, oral, or anal sex with a defendant who is 21 years or older. Sexual contact, under Maryland law, is defined as the deliberate touching of private areas for sexual pleasure. This can also be prosecuted as a felony and may lead to up to 10 years in prison.
Fourth-degree rape occurs when a minor is 14 or 15 and has sexual intercourse, oral, or anal sex with a defendant who is four years older but not yet 21 years of age. This can be prosecuted as a misdemeanor, the punishment of which may be up to one year in jail and a fine of up to $1,000.
No matter what degree of statutory rape a person is accused of, a skilled Maryland attorney could help. It could be imperative for defendants to contact a diligent attorney immediately.
In cases like these, it is crucial to have an experienced Maryland statutory rape attorney on your side to represent you. The attorney may be able to review your case, gather the facts, and help to build a strong defense case for you. Going up against such a charge alone may lead to unsatisfactory results, and you may not be equipped to properly defend yourself. For this reason, it is important for you to seek the legal counsel of a knowledgeable Maryland statutory rape lawyer to learn more about your legal options.
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