Maryland Date Rape Lawyer

Date rape is also referred to as acquaintance rape since this form of assault is committed upon a person by someone they know. While such charges may have damaging and long-term repercussions on a person’s life, an accused individual could get help through a Maryland date rape lawyer. Contact a tenacious defense attorney to champion your case.

Defining Date Rape by Maryland Law

While there is no specific statute that solely addresses date rape, it is illegal to engage in intercourse or sexual acts with someone who is incapacitated. The person performing the sexual act should know that the other individual was physically helpless or substantially cognitively impaired.

The common scenario of date rape is when the accuser is drunk or intentionally drugged. If they cannot give consent, any sexual act is included under the sex offense statutes in Maryland.

Elements of Date Rape Allegations that are Different from Other Rape Cases

The main distinguishing factor in date rape allegations is the status of the accuser at the time of the offense. In a date rape scenario, the alleged victim is typically unable to provide resistance since they are unconscious, semi-conscious, or otherwise incapacitated.

Whether or not a person is incapacitated is not always clear. Determining whether the alleged act occurred, if the person was actually incapacitated, handicapped, or helpless as defined by the law, or whether they may have been affected by any substance, are the kinds of issues that may arise in a date rape allegation.

Other rape allegations are not considered date rape since the accuser is typically fully aware of what is occurring. Individuals accused of date rape are recommended to call a Maryland attorney for legal advice.

Potential Penalties Following a Date Rape Conviction

An individual who is convicted for a sex offense in the second degree, which includes having vaginal intercourse with a person who is physically helpless, is what could be considered date rape. The maximum penalty for that is 15 years in prison.

Why an Accused Person May Avoid Hiring a Defense Attorney

A defendant may avoid hiring a Maryland criminal lawyer in their case if they believe the date rape charges are not serious. Individuals may not think they did anything wrong and might have thought that the accuser was not incapacitated or gave consent.

A defendant may believe they could resolve the case alone by speaking to the accuser, the police, or the prosecutor. Individuals may assume they could explain their side of the story to resolve what they believe is a big misunderstanding.

A person might also be embarrassed and may feel they could be escalating the situation by bringing a stranger into an intimate situation.

Not Enlisting a Lawyer Might be a Mistake

A lawyer could talk to the police, provide a recap to the prosecutor’s office, and try to arrange an interview with the accuser. If the accuser believes they were raped, it may be unlikely the defendant could have a conversation or explaining the story to change the person’s mind.

The consequences are severe, notably in terms of a date rape case. It could be crucial to talk to and get the advice of a lawyer. It is always a mistake to fight serious felony charges without a lawyer since such allegations may lead to life-changing consequences.

Reach Out to an Attorney When Facing Date Rape Investigations or Charges

In a date rape case, law enforcement typically seeks a suspect out and to speak to them. Even if the person has not been charged, any statements they gave to the investigators may provide the basis for an arrest and conviction.

While the accused may think they have nothing to hide and they want to cooperate, they may be walking into a trap without the advice of a lawyer. It could be very easy to give the investigators evidence that may lead to an arrest and conviction.

A lawyer could protect the person during an investigation. Based on the circumstances of the case, it may make sense to collaborate. There may be an opportunity for the accused to clear up any miscommunication or to provide the suspect’s side of the story to investigators in a helpful and beneficial way.

Whether they face an accusation or an investigation, the most important thing a person could do is to consult with a lawyer. Given their experience and their familiarity with the law, the attorney may know what steps to take. Call today to begin your defense case.