Maryland statutory rape is a serious offense. Ignorance of the law is no defense.
Here is a post on Maryland laws regarding ages for sexual criminal violations.
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Maryland Statutory Rape Basics
Under Maryland law, certain sexual activities are prohibited based solely on the ages of the participants, irrespective of consent. This legislation is designed to protect minors from exploitation and abuse.
Typically, an individual can be convicted if the victim is under 16 years old and there is a four-year age gap between them, aiming to prevent relationships where there is a significant power imbalance due to age. Stricter regulations apply to those in positions of authority, such as teachers, coaches, or guardians, who may influence minors.
Penalties may be harsher if the victim did not consent, was cognitively impaired, physically helpless, mentally incapacitated, or under other specific conditions, ensuring that justice considers the victim’s ability to protect themselves and their circumstances.
There are three main ways that you may be accused of a statutory sex offense. It’s crucial to analyze these before we consider common scenarios. The ways are vaginal intercourse, sexual act, and sexual contact.
Statutory Rape and Sex Offense Types
Obviously, any sexual offense involves some touching. Here are the three ways this happens in Maryland law.
What is Vaginial Intercourse under Maryland law? Vaginal Intercourse is defined under Md. Code §3–301(g). It means 1) genital copulation, whether or not semen is emitted. It also 2) penetration, however slight, of the vagina.
What does Sexual Act mean under Maryland law? Sexual act is defined under MD. Code §3–301:
(1) “Sexual act” means any of the following acts, regardless of whether semen is emitted:
(i) analingus;
(ii) cunnilingus;
(iii) fellatio;
(iv) anal intercourse, including penetration, however slight, of the anus; or
(v) an act:
1. in which an object or part of an individual’s body penetrates, however slightly, into another individual’s genital opening or anus; and
2. that can reasonably be construed to be for sexual arousal or gratification, or for the abuse of either party.
How is Sexual Contact defined under Maryland law? Sexual Contact as used in §§ 3–307, 3–308, and 3–314 of Maryland law, means an intentional touching of the victim’s or actor’s genital, anal, or other intimate area for sexual arousal or gratification, or for the abuse of either party.
However, Sexual Contact does not mean a common expression of familial or friendly affection or an act for an accepted medical purpose.
One of these three types of contact is necessary for any Maryland Statutory Rape or sex offense. Now, let’s apply these types of contact to three of the most common Maryland sex offenses.
Three Common Maryland Statutory Sex Offenses
Now that you know the three main types of alleged touching that occurs for Maryland sex offenses, you can see how they apply for various offenses at various different ages below:
| Type of Offense | Victim Age | Defendant Age | Criminal Charge | Potential Sentence | Applicable Law |
|---|---|---|---|---|---|
| Vaginal Intercourse | Under 14 | 4 or more years older | Second degree rape (felony) | Up to 20 years in prison | Md. Code, Criminal Law 3-304 |
| Vaginal Intercourse | 14-15 | 21 or older | Third degree sexual offense (felony) | Up to 10 years in prison | Md. Code, Criminal Law 3-307 |
| Vaginal Intercourse | 14 – 15 | 4 years older, but under 21 | Fourth degree sexual offense (misdemeanor) | Up to 1 year in prison and fined up to $1,000 | Md. Code, Criminal Law 3-308 |
| Sexual Act | Under 14 | 4 or more years older | Second degree sexual offense (felony) | Up to 20 years in prison | Md. Code, Criminal Law 3-304 |
| Sexual Act | 14 – 15 | 21 or older | Third degree sexual offense (felony) | Up to 10 years in prison | Md. Code, Criminal Law 3-307 |
| Sexual Act | 14 – 15 | 4 years older, but under 21 | Fourth degree sexual offense (misdemeanor) | Up to 1 year in prison and fined up to $1,000 | Md. Code, Criminal Law 3-308 |
| Sexual Contact | Under 14 | 4 or more years older | Third degree sexual offense (felony) | Up to 10 years in prison | Md. Code, Criminal Law 3-307 |
Common defenses to Maryland Statutory Rape
Defenses are pretty limited in statutory sex offenses. Your sex offense defense team needs to be experienced, prepared, and tenacious on your behalf.
Consent. Consent is not a defense to statutory rape unless you meet the age requirements under Maryland law. The purpose of statutory offense crimes is to criminalize the act without consideration for consent.
Mistake of Age. A mistake of someone’s age is not a defense to a sex crime in Maryland. In Garnett v. State, 332 Md. 571, 632 A.2d 797 (1993), the Maryland appellate courts held that the second-degree rape statute, § 463(a)(3) (victim under fourteen years of age and defendant at least four years older), did not recognize a reasonable mistake of age defense.
It Didn’t Happen. By and large, the only way to prove you did not commit Maryland Statutory Rape, is to prove that it didn’t happen at all. That is where we come in.
How Our Defense Team Attacks Statutory Rape Prosecutions.
Prosecuting attorneys are ruthless and aggressive in sex offense prosecutions. This is our roadmap:
- 45 Years of Experience. At Seddiq Law, there are no rookies. Mirriam Z. Seddiq and Justin Eisele combine for over forty-five years of legal experience.
- Lead Female Trial Lawyer is Critical. Ms. Seddiq leads all of our sex trial work. If you go to trial, at least half your jury will be female. An experienced female criminal lawyer is critical when facing accusations of this type.
- Begin the Investigation Early. We pair with experienced investigators to get to work early. Investigating the background of the allegations, and any issues with truthfulness from the complaining witness, is key to winning a statutory rape case.
- Experts, experts, experts. You can almost guarantee that your prosecutor will have some expert prepared to testify against you. Whether it is a DNA expert or a child therapist, you must consult with an expert of your own before you head into a trial. We have close relationships with experts in every crucial forensic field.
Free Consultation for Your Sex Offense Case.
Hiring a lawyer for your case is a daunting task. Most people don’t know where to start. First, check out our reviews here.
Second, contact us to get your free consultation. Our office is conveniently located in downtown Rockville. Please fill out our contact form here and one of our attorneys will contact you within minutes.
You can also call us at 301.513.7832. We answer calls 24/7. Put our experience to work.