Rape Laws in Waldorf, Maryland

In Maryland, the basic crime of rape involves engaging in any form of “vaginal intercourse” or “sexual act” through the use or threat of the use of force and without consent. See MD Crim. Code, § 3-303. Section 301 defines “vaginal intercourse” as “genital copulation, whether or not semen is emitted” and “includes penetration, however slight, of the vagina.” The same section defines “sexual act” to include any of the following, regardless of whether semen is emitted:

• Analingus
• Cunnilingus
• Fellatio
• Anal intercourse, including penetration, however slight, of the anus
• Any act (i) in which an object or part of an individual’s body penetrates, however slightly, into another individual’s genital opening or anus and (ii) that can reasonably be construed to be for sexual arousal or gratification, or for the abuse of either party

Maryland divides rape into two degrees, with first-degree rape being more serious. If you are convicted of the above, you have been convicted of second-degree rape, which carries a potential 20-year prison term. See MD Crim. Code, § 3-304. First-degree rape carries a potential lifetime incarceration.

Second-degree rape can also be charged under these circumstances:

• If there is vaginal intercourse or a sexual act AND the victim is a substantially cognitively impaired 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 substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual or
• If there is vaginal intercourse or a sexual act AND the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim

First-degree rape involves the criminal elements described above — vaginal intercourse or a sexual act done with force or threat of force without consent — PLUS one or more of the following:

• A dangerous weapon or a physical object that the victim reasonably believed was a dangerous weapon was employed or displayed
• Attempt to suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime
• 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
• Commit the rape while aided and abetted by another or
• Commit the rape in connection with a burglary in the first, second, or third degree

Certain aggravating factors will enhance the potential penalties. This means that if aggravating factors are present, then the term of imprisonment will be longer and trend towards life in prison. Aggravating factors include this being a second or subsequent conviction for rape or sexual crimes, the rape occurred as part of a kidnapping and/or part of a child kidnapping, the victim was under the ages of 16 or 13 where the perpetrator was more than four years older than the victim, and more.

Contact Waldorf, Maryland, Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 705-5137. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.