How Does It Differ from Other Sex Crimes?

In Maryland, you can be convicted of rape in certain circumstances, even though the alleged victim initiated or consented to the sexual act. It’s known as “statutory rape,” and here’s how it works.

Statutory Rape in Maryland—Defined

Under Maryland law, the age of consent to sexual intercourse is 16, which means that a person under the age of 16 lacks the legal capacity to consent to intercourse. Accordingly, if you have intercourse with a youth under the age of 16, the jury won’t care if the alleged victim agreed to have sex or even invited you to have sex. The sole determining factor is whether the person was under the age of 16 at the time of sexual intercourse. There are, however, different degrees of statutory rape:

• Engaging in a sexual act, including intercourse, with a person who is 14 or 15 at the time is considered a 4th-degree sexual offense, provided the older person is at least four years older.
• Engaging in a sexual act with someone aged 14 or 15 is considered a 3rd-degree sexual offense, if the perpetrator is over the age of 21.
• Sexual contact with a child under the age of 14 is a 3rd-degree sexual offense if the perpetrator is at least four years older.
• Engaging in a sexual act, including intercourse, with a person under the age of 14 is a 2nd-degree sexual offense if the perpetrator is at least four years older.

Experienced Maryland Sex Crimes Attorney

Jonathan Scott Smith, a longtime Maryland SuperLawyer, has aggressively represented criminal defendants in the greater Baltimore area and across Maryland for more than 30 years, including people facing prosecution for sexual offenses. AV-rated by other attorneys under Martindale-Hubbell’s Peer Review Rating System, Jonathan has also been honored as a Top-Rated Lawyer by The American Lawyer magazine. He’s received AVVO’s Client’s Choice Award, with the highest rating possible (5 stars), as well as a 10.0 (Superb) rating from AVVO as a trial attorney.

Attorney Scott Smith understands the potential implications of conviction of a sexual offense, and will work hard to ensure that police followed all required procedures. He will confirm that there was probable cause for any search and seizure and that you were properly notified of your Miranda rights if taken into custody.

Proven Sexual-Offenses Lawyer in Baltimore County and the Surrounding Communities

To schedule a confidential consultation to discuss your options when facing sex-crime charges, contact attorney Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Attorney Smith handles sexual offense cases throughout Baltimore and the surrounding area, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County.