Sexual Battery Charges in Charles County, Maryland

Sexual assault and sexual battery are called “sexual offenses” in Maryland. There are four levels of sexual offenses in Maryland, with harsh penalties imposed on those convicted. Md. Crim. Code, §§ 3-305-308. Typically, the Maryland prosecuting attorneys will charge all degrees of sexual offense since the less severe charges are lesser-included offenses. For example, prosecutors may fail to obtain a conviction for a sexual offense in the first degree but may succeed in obtaining a conviction for a sexual offense in the second degree. If you have been charged with a sexual offense, call the experienced and proven Maryland criminal defense lawyers at the Law Office of Robert Castro. Call us at (301) 705-5137. We are available around the clock, 24/7, and can discuss with you possible defenses to the charges. Here is a quick breakdown of the elements that must be proven to obtain a conviction.

For all sexual offenses, the prosecutors must prove a lack of consent, either factual lack of consent or statutory lack of consent involving a victim under the age of 18 who is not legally able to consent to sexual contact and actions. Factual lack of consent may include:

• Verbal or action indicating lack of consent
• Lack of consent based on threats or coercion
• Lack of consent implied from physical incapacity such as being confined to a wheelchair
• Mental incapacity because of drugs, alcohol, or other substances
• Lack of consent based on mental or intellectual incapacity, such as forms of retardation or dementia in the elderly

Further, for all sexual offenses, there must be proof of some sexual act (or, for fourth degree sexual offenses, proof of sexual contact). These acts include:

• Sexual or attempted sexual intercourse — vaginal, anal or oral
• Various touchings and contact with genitals, breasts, anus, and other sexual areas
• Indecent exposure
• Sadomasochistic behaviors

First Degree Sexual Offense

In addition to the two criminal elements listed above, to obtain a conviction for first degree sexual abuse, the prosecutors must prove:

• The use of force or the threat of the use of force AND one of the following
• Sexual acts/contact were committed as part of a burglary
• Were committed with another person’s assistance
• Serious injury was caused
• The victim feared serious injury or kidnapping
• There was the use of or display of a dangerous weapon

If convicted of first degree sexual offense, a person faces a possible life imprisonment without parole. A minimum 25-year imprisonment is required if the victim was under the age of 13 and/or if the sexual offense occurred during a child abduction.

Second Degree Sexual Offense

In addition to the two criminal elements listed above, to obtain a conviction for second degree sexual abuse, the prosecutors must prove:

• Victim was physically helpless or mentally incapacitated
• Victim was under the age of 15, and the accused was at least four years older

If convicted of second degree sexual offense, a person faces a possible 20 years imprisonment.

Third Degree Sexual Offense

Third degree sexual offense requires the same proof as first degree sexual offense, but there is only evidence/proof of sexual contact, not a sexual act. The potential punishment is a 10-year term of incarceration.

Fourth Degree Sexual Offense

Fourth degree sexual offense is a misdemeanor charge and generally involves sexual contact without consent involving underage victims. Fourth degree sexual offense can be charged where:

• Victim is four years younger than the accused who is under the age of 21
• Victim is 14 or 15 years old
• Accused is in a “position of authority” at the victim’s school

A conviction can result in a one-year prison term, a fine of up to $1,000, and a requirement that the accused be placed on the Maryland sex offender registry.

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.