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Maryland Rape Lawyer

Rape is one of the most serious crimes a person could be charged no matter which state they are in. Given the heinous nature of the offense, accused individuals may face harsh penalties for any allegations they face. Authorities take the crime very seriously and may attempt to throw the book at them. Those who are facing such charges are advised to immediately contact a Maryland rape lawyer. An accomplished defense attorney could review a person’s allegations and build their defense.

Types and Degrees of Rape-Related Sex Offenses

In Maryland, there are two degrees of rape. First degree is the most serious. It is the same as rape in the second degree and involves aggravating factors. These factors may involve the offense being committed with a dangerous weapon, with the commission of a burglary or another crime, or with serious physical injury or assault.

Rape in the second degree is basic rape of sexual intercourse or a sexual act with another without the person’s consent and with force or a threat of force. It is also second degree if the perpetrator uses force or a threat of force and the accuser is impaired. The impairment could occur if a person is mentally incapacitated or physically helpless.

The third category of rape, which is considered statutory rape, occurs if the accuser is under 14 years old and the person who committed the act is four years older or more than them.

Different Ways a Person Could be Charged with Sexual Violence

The straightforward definition of statutory rape in Maryland is when the accuser is under 14 years old, and the perpetrator is a minimum of four years older than the accuser. The age difference makes this offense a rape, no matter of the other considerations.

A person could also commit rape if the accuser is incapacitated or in a position in which they are unable to give consent. This is colloquially termed as date rape. Typically, a person is drugged with Ruffies, incapacitated through being over-served alcohol, or incoherent from the use or abuse of other substances. If the person is incapacitated in such a manner, or if the person is vulnerable due to a mental disability or other cognitive impairment, sex with the individual could be accused of rape.

Additionally, if a person forces another person to have vaginal intercourse or engage in another sexual act without consent and they are threatened the person with force, the person could be charged with rape.

While those scenarios are the most common, such offenses typically occur between a defendant and accuser that know each other. No matter which form of rape a person is charged with, a dedicated Maryland attorney could champion their case.

Potential Penalties Following a Conviction

The potential penalties following a rape conviction are very serious. For rape in the second degree, which is the least serious type of rape, the maximum penalty regarding the aggravating factors is 20 years. If the accuser is under 13 years old, there is a mandatory minimum of 15 years and the person could not be released early on parole. If it is a rape in the first degree, the maximum penalty is life in jail. If there are other aggravating factors present, which could include force and certain status of the accuser, the penalty could be life without the possibility of parole. If that person is convicted, they may spend the rest of their life in prison without any opportunity to get out. In light of the overwhelming ramifications, a conviction may have on a defendant’s life, individuals may benefit greatly from conversing with a Maryland rape lawyer regarding their case.

Possible Aggravating Factors to a Rape Charge

Some possible aggravating factors to a rape charge include the use, display, or presence of a dangerous weapon. A weapon does not have to be used to commit an assault or injure the accuser. Serious physical injury being inflicted on the accuser or other types of assault during the commission of the crime is an aggravating factor. This could include suffocating, strangling, or disfiguring the accuser while the crime is occurring. Others include threatening the person or putting the person in a fear of imminent death, serious physical injury, or kidnapping.

If there is another person involved in the rape, it is an aggravating factor. If it is committed in connection with a burglary or another crime, those are aggravating factors. Other aggravating factors in Maryland are the status of the accuser. This may occur if the accuser is honorable, disabled, a minor under 14 or 15 years old, or vulnerable in another way due to a mental or physical handicap. The accuser could also be physically or temporarily incapacitated in some way at the time of the commission of the crime.

Let a Maryland Rape Lawyer Help

Given the legal and social ramifications of a rape charge, defendants are recommended to contact a Maryland rape lawyer to learn their rights. While there are different forms of rape allegations a person may face, each charge comes with years of potential incarceration. A conviction could also lead to a criminal record which may bar a person from certain careers, and other professional and social opportunities. Do not hesitate to call today and speak with a hard-working defense lawyer.

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