Age of Consent Questions for Maryland

Q&A on statutory rape laws, age of consent laws, sexual assault laws for Maryland. Ask your Question

Statute Of limitations

:: November 25, 2008 20:30

Is there a statue of limitations for sex offense in Maryland.

Statute of Limitations

Maryland Criminal Prosecutions

Citation: Courts & Judicial Pro. Code § 5-106 Generally, the statute of limitations for a misdemeanor is a period within 1 year after commission of the offense. For felony offenses please check with the District Attorney's office in your area. The statute of limitations is not clearly defined in the information available to us. This could mean the laws are under review for revisions.

Maryland Civil Actions

Citation: Courts & Judicial Pro. Code §§ 5-101; 5-117; 5-201
  • The statute of limitations for filing a claim for sexual abuse, where the victim is a minor, extends for a period within 7 years after the victim reaches 18 years of age.
  • The statute of limitations will not begin for a victim who is a minor until he or she reaches 18 years of age, unless the statute of limitations has more than 3 years to run once the victim reaches 18 years of age.
  • Generally, the statute of limitations for filing a civil claim is a period within 3 years after the cause of action arises.

Statutory Rape Questions

:: September 04, 2007 10:11

My son is seventeen and he is dating a female that is 15 years old. My son turns eighteen in November of this year. I have tried to discourage my son from seeing this girl. I have even went as far as talking to the females parents but they support the relationship between the two children even though my son will be eighteen soon. I have found out recently that they are sexually active. My son is ADHD and has the mental capacity of a fouteen or fifteen year old child. Does that make a difference or not?

In Maryland, the legal age of consent is 16. If the 17 year old male is sexually active with the 15 year old female, this is a violation of state law and if it is reported, or if he is caught with the 15 year old in a compromising situation by police, he may be at risk for arrest and criminal prosecution in either a juvenile or adult court. 3-324. §Sexual solicitation of a minor is a felony crime. The 15 year old's parents consenting to the relationship will not over ride state law. Determining how ADHD could be relevant in the defense of a client is something that should be researched by a licensed attorney in the state of Maryland. If case law has not been established, an attorney would have to build a defense based on facts and medical findings.

Rape 2nd Degree (3-304)

:: August 08, 2007 09:42

What does Rape 2nd Degree (3-304) actually mean? I have a male neighbor at {edited out address information} 2 houses from me, who is a registed sex offender convicted of Rape 2nd Degree (3-304)and I'd like to know if his conviction was against a grown-up or a child. Thank you

The law is outlined below. There is no way to establish with any certainty, the age of the victim by reading the law. This offender is listed under the status "Child sexual offenders" and this particular offense would have been a child under the age of 15. The offenders status is "Compliant". You can ask to be notified if his status changes. For more detailed information on this offender, please contact: Harford County
Harford County Sheriff's Office

CID-Megan's Law Unit
23 N Main Street
Bel Air, MD 21014
Jennifer Clark
410-638-3168
clarkj@harfordsheriff.org

§ 3-304. Rape in the second degree.
(a) Prohibited.- A person may not engage in vaginal intercourse with another: (1) by force, or the threat of force, without the consent of the other; (2) if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or (3) if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim. (b) Age considerations.- A person 18 years of age or older may not violate subsection (a)(1) or (2) of this section involving a child under the age of 13 years. (c) Penalty.- (1) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment not exceeding 20 years. (2) (i) Subject to subparagraph (iii) of this paragraph, a person 18 years of age or older who violates subsection (b) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment for not less than 5 years and not exceeding 20 years. (ii) A court may not suspend any part of the mandatory minimum sentence of 5 years. (iii) If the State fails to comply with subsection (d) of this section, the mandatory minimum shall not apply. (d) Required notice.- If the State intends to seek a sentence of imprisonment for not less than 5 years under subsection (c)(2) of this section, the State shall notify the person in writing of the State's intention at least 30 days before trial.

statutory rape

:: July 08, 2007 17:03

what if the girl lied about her age?

We could find no provisions in Maryland statutes that allows an affirmative defense based on general lack of knowledge of the age of a minor. § 3-324. Sexual solicitation of minor. (a) "Solicit" defined.- In this section, "solicit" means to command, authorize, urge, entice, request, or advise a person by any means, including: (1) in person; (2) through an agent or agency; (3) over the telephone; (4) through any print medium; (5) by mail; (6) by computer or Internet; or (7) by any other electronic means. (b) Prohibited.- A person may not, with the intent to commit a violation of § 3-304, § 3-306, or § 3-307 of this subtitle, knowingly solicit a minor, or a law enforcement officer posing as a minor, to engage in activities that would be unlawful for the person to engage in under § 3-304, § 3-306, or § 3-307 of this subtitle. (c) Jurisdiction.- A violation of this section is considered to be committed in the State for purposes of determining jurisdiction if the solicitation: (1) originated in the State; or (2) is received in the State. (d) Penalty.- A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both.

penalties for statutory rape

:: June 30, 2007 08:09

what is the penalty for being charged with statutory rape if the male is 10 yrs older than the female

The maximum penalties vary depending on the age of the victim and/or whether the person charged with the crime was in a position of influence or authority over the victim when the sexual act took place. Also, a judge has some latitude to set penalties "up to" the maximum allowed; so, the maximums are a guideline and not necessarily reflective of the actual penalties. The penalties can range from "probation & fines, all the way up to 20 years in prison.

3-307 Sex Offense in the 3rd degree?

:: June 25, 2007 18:46

Information on this? Sex Offense Third Degree (Criminal Law Article, § 3-307)

Outlined from the statute below:

§ 3-307. Sexual offense in the third degree.
(a) Prohibited.- A person may not: (1) (i) engage in sexual contact with another without the consent of the other; and (ii) 1. employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon; 2. suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime; 3. threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping; or 4. commit the crime while aided and abetted by another; (2) engage in sexual contact with another if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; (3) engage in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim; (4) engage in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old; or (5) engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old. (b) Penalty.- A person who violates this section is guilty of the felony of sexual offense in the third degree and on conviction is subject to imprisonment not exceeding 10 years.

Sex Toys in Texas and Alabama

:: April 15, 2007 22:30

I am doing a project on sex laws and I came across the sex toy ban in Alabama and Texas. Do people still get arrested and face jail time for selling or possessing sex toys?

Though I don't think "Obcsene Device" prosecutions are rampent in the states where these laws are on the books (I didn't spend an tremendous amount of time pouring through the statistics) these laws are still in existance, still on the books and in one state, sale of obcsene devices can result in a 1 year encarceration and up to a $10,000 fine. Here are some cases to look at Texas: Constitutional. Red Bluff Drive-In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981); Yorko v. State, 690 S.W.2d 260 (Tex.Crim.App. 1985). Colorado: Unconstitutional. People ex rel. Tooley v. Seven Thirty-Five East Colfax, Inc., 697 P.2d 348 (Colo. 1985). Kansas: Unconstitutional to the extent of potential application to therapeutic use. State v. Hughes, 246 Kan. 607, 792 P.2d 1023(1990). Louisiana: Unconstitutional. State v. Brenan, 772 So.2d 64 (La. 2000). Mississippi: Constitutional. PHE, Inc. v. State, 877 So.2d 1244 (Miss. 2004). Alabama: Read up on the Sherri Williams opinion and all the subsiquent opinions. Williams v. United States District Court for the District of Alabama. Texas code Chapter 43 public Indecency Subchapter B. Obscenity 43.21, 43.22, 43.23 Georgia database was down so I cant get current status of the law. Georgia Official code 16-12-80 Distributing obcsene materials; There's lots of case law on this subject.

male rape. how do they get justice

:: November 06, 2006 22:46

I have a paper to write. The dictionary defines rape as a female being penitrated. What happenes to a male being raped by a woman? How does he get justice? Why is the male rape victim shoned by the public and told to go on about life? --

My hope is that you are at an appropriate age to write on this subject. Though rape involves sexual acts, rape is not about sexual gratification; Rape is about power, fear, intimidation, control, violence, dominance, abuse and sometimes the act of murder. This would be a tough subject to find well documented cases on. You may want to start researching female serial killers. There are very few female serial killers that would fit this scenario compared to males, but, there may be a few female serial killers in history who raped their male victims or where rape was a part of their Modus Operandi - MO. Cases of females raping males are so rare, the general population would have no past experience or information to draw from in order to respond with any sensitivity. It is a rare scenario due to the overpowering physical nature of the crime of rape; also, I would imagine it would rarely be reported by the male victims due to the emasculating nature of the crime and public exposure. About getting justice: A male victim would go through the same criminal justice system the female victim goes through and all the same steps would apply. There should be a medical examination and a medical report of injuries, pictures of injuries, a full statement on what transpired, a criminal complaint filed, a meeting with the DA’s office, an investigation; a grand jury testimony; and if the grand jury indicted, they would have to testify in a trial.

Can a mariied man be charged with rape of his wife in maryland?

:: November 05, 2006 11:53

Can a mariied man be charged with rape of his wife in maryland?

Yes, a man can be prosecuted for sexual offenses against his spouse in Maryland. Below is a part of the statute that applies. The referenced statute numbers are listed at the end of the response. Forcible rape is covered under 3-318 ( 2) § 3-301-3-324 Sexual Crimes § 3-318. Spousal defense. (a) In general.- Except as provided in subsections (b) and (c) of this section, a person may not be prosecuted under § 3-303, § 3-304, § 3-307, or § 3-308 of this subtitle for a crime against a victim who was the person's legal spouse at the time of the alleged rape or sexual offense. (b) Separation or use of force.- A person may be prosecuted under § 3-303(a), § 3-304(a)(1), or § 3-307(a)(1) of this subtitle for a crime against the person's legal spouse if: (1) at the time of the alleged crime the person and the person's legal spouse have lived apart, without cohabitation and without interruption: (i) under a written separation agreement executed by the person and the spouse; or (ii) for at least 3 months immediately before the alleged rape or sexual offense; or (2) the person in committing the crime uses force or threat of force and the act is without the consent of the spouse. (c) Limited divorce.- A person may be prosecuted under § 3-303, § 3-304, § 3-307, or § 3-308 of this subtitle for a crime against the person's legal spouse if at the time of the alleged crime the person and the spouse live apart, without cohabitation and without interruption, under a decree of limited divorce. 3-303 Rape in the first degree 3-304 Rape in the second degree 3-305 Sexual offense in the first degree 3-306 Sexual offense in the second degree 3-307 Sexual offense in the third degree 3-308 Sexual offense in the fourth degree An. Code 1957, art. 27, § 464D; 2002, ch. 26, § 2; ch. 266, § 1; ch. 278, § 1; 2004, ch. 524.]

what is the jail time for statutory rape.

:: October 17, 2006 15:10

The jail time and fines for statutory rape in Maryland can range in seriousness from misdemeanor to felony and will depend on the situtation and age of both parties involved. Sentencing is ultimately up to the presiding judge and would be within the sentencing limits perscribed by the statutes relative to the crime committed. These statutes can be located under Maryland Criminal Law Subtitle 3: Sexual Crimes sections 3-301 through 3-324 If you have been charged or expect to be charged with a sexual crime, I would strongly advise that you seek legal representation.