Maryland Sex Crimes Defense Lawyer

Supportive Defense Lawyer for Clients Accused of Sex Crimes in Maryland

Being accused of a sex crime is one of the most serious criminal charges a person can receive. Not only do most sex crimes carry lengthy prison sentences, but nearly all of them also require that the convicted defendant register as a sex offender. While many people believe that they are able to explain why what they have been accused of doing is not a sex crime, those explanations often amount to a confession. Without knowing what the elements of defense of a particular crime are, saying anything about what has or has not occurred will often be used against you.

At Craig M. Kadish & Associates, LLC, our legal strategies for defending against sex crime allegations have been refined over decades. With 60 years of combined experience, Attorney Craig Kadish and his team are more than qualified to guide you through your case.

Accusations of Rape

In Maryland, a person charged with rape will either be charged with rape in the first degree (Maryland Code, Criminal Law Section 3-303) or rape in the second degree (Maryland Code, Criminal Law Section 3-304).

Rape in the First Degree

Rape in the first degree is a felony. It is ordinarily charged when a person is forced to engage in vaginal intercourse or a sexual act with another through force or threat of force without the consent of the other person. Additionally, a person who is over 18 years of age and has a victim who is a child under 13 years of age may also be charged with felony first-degree rape. First-degree rape carries the maximum penalty of life imprisonment, so of course, there is no charge more serious.

Rape in the Second Degree

Rape in the second degree also prohibits vaginal intercourse or a sexual act with another by force or threat of force without the consent of the other person. Second-degree rape, however, also includes a variety of additional behaviors that a defendant can engage in that can result in a conviction under Maryland Code, Criminal Law Section 3-304. In fact, rape in the second degree in Maryland is charged far more frequently than rape in the first degree. This is because rape in the second degree includes vaginal intercourse or a sexual act with another if the victim is substantially cognitively impaired. This includes victims who are drunk or otherwise incapacitated by drugs. This is often what is referred to as "buyer's remorse" rape. In other words, two people who meet at a bar or club, who drink together and end up committing sexual acts with each other will frequently feel remorse the following day about what occurred. Should the "victim" decide to go to the police and allege that they were highly intoxicated and believe the defendant "took advantage of them," the result can be a charge of rape in the second degree.

Additionally, rape in the second degree can include sexual acts between persons where the victim is under the age of 14 years, and the defendant is at least four years older than the victim. Even a legitimate mistake of age is not a defense in this situation. In our practice, we have handled cases where the victim presented the defendant with a fake identification card stating that she was 16 years of age when she was actually 13 years of age, and the state did charge a crime (though we ultimately prevailed).

The maximum penalty upon a conviction of rape in the second degree is imprisonment for up to 20 years. However, rape in the second degree can have far more serious consequences than a 20-year prison sentence. This occurs if the defendant is 18 years of age or older and the victim of the sexual act is under 13 years of age. In this circumstance, the penalty is a minimum mandatory term of imprisonment of not less than 15 years and a maximum penalty of life in prison. No portion of that 15-year sentence may be suspended by the court, and the person is not eligible for parole during that 15-year period.

Sexual Offenses in Maryland

Sexual Offense in the First Degree

Sex offense in the first degree is similar to rape in the first degree. It is governed by Maryland Code, Criminal Law Section 3-305. Sexual offense in the first degree involves forcing someone into a sexual act with either physical force or threat of force and doing so without the consent of the other person.

There are many examples within the statute of what constitutes force or threat of force, but the important part to remember is that a person who violates this law is subject to life imprisonment upon conviction. Moreover, if the victim of a first-degree sex offense is under 16 years of age, the possible penalty is life imprisonment without the possibility of parole. Finally, if the victim of a first-degree sex offense is a child under the age of 13, then upon conviction, the defendant may be imprisoned for not less than 25 years as a minimum mandatory sentence, and they may receive a total sentence of life without the possibility of parole. Anyone convicted under this subsection may not be paroled during the mandatory minimum 25 year sentence.

Sexual Offense in the Second Degree

Sexual offense in the second degree in Maryland is governed by Maryland Code, Criminal Law Section 3-306. This law prohibits engaging in a sexual act with another person by force or threat of force without the consent of the other person. Much like second-degree rape, this statute also includes sex acts with a person who is mentally impaired or incapacitated. It also includes any sexual acts with a person under the age of 14 if the person performing the act is at least four years older. The maximum penalty for this crime is up to 20 years in prison. However, much like rape in the second degree, if the person committing the act is over 18 years of age, and the victim is a child under 13 years of age, the maximum penalty increases to possible life in prison as well as a minimum mandatory sentence of 15 years, of which no portion is eligible for parole.

Sexual Offense in the Third Degree

In Maryland, sexual offense in the third degree is governed by Maryland Code, Criminal Law Section 3-307. This law prohibits engaging in sexual contact with another person without their consent while displaying a weapon or dangerous object that the victim reasonably believes is dangerous. This offense also includes suffocating, strangling, disfiguring, or inflicting serious physical injury on the victim while committing the crime. In the alternative, this statute also includes committing a sexual crime while being aided or abetted by another person. This statute also includes sexual contact with a victim who is cognitively impaired or physically helpless, and the defendant knew or should have known about their mental state. Lastly, there are also age restrictions between the defendant and the victim, which can trigger this statute. These age restrictions include:

• Engaging in sexual contact with a child who is under 14 years of age, and the person performing the sexual contact is at least 4 years older;
• Engaging in sexual act where the victim is 14 or 15 years old, and the person performing the act is at least 21 years old, or;
• Engaging in vaginal intercourse if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.

The maximum penalty for a violation of this statute is imprisonment for a period not to exceed 10 years.

Sexual Offense in the Fourth Degree

Sexual offense in the fourth degree can include many different acts. This offense is governed by Maryland Code, Criminal Law Section 3-308. The statute states that a person may not engage in sexual contact with another person without that person's consent. However, this statute also addresses sexual contact with students by people who are in a position of authority at their school. It further involves sexual contact by a person in authority working for a program in which younger people are involved.

The maximum penalty for simple sexual contact under this statute is one year in jail and/or a $1,000 fine. It is, however, important to realize that even a misdemeanor fourth-degree sex offense has a collateral consequence. That consequence is that the defendant must register as a Tier I sex offender for a period of 15 years, which can often be a more serious consequence than a jail sentence. There are also enhanced penalties for people who are subsequent offenders of this statute.

What Is the Sex Offender Registry?

The sex offender registry in Maryland consists of three distinct tiers of registration under which people convicted of various sex crimes must comply with restrictions associated with that particular tier. These registration requirements are contained in the Maryland Code, Criminal Procedure Section 11-707. Tier I sex offenders are required to register with their local law enforcement unit every six months for a term of 15 years. This is the shortest term of registration. If a person who has been required to register as a Tier I sex offender does well on probation and has no violations relative to the registry, they may be able to have themselves removed from the registry requirement after 10 years. Our firm assists people seeking early removal from the sex offender registry on a regular basis.

Tier II sex offender registration requires that a sex offender register every six months for a period of 25 years. A Tier III sex offender will be required to register in person with their local law enforcement unit every three months for the remainder of their life. The term of registration begins on the day a person is either released from prison, is granted probation, or is granted a suspended sentence.

Meet With a Maryland Sex Crimes Lawyer Today

At Craig M. Kadish & Associates, LLC, our sex crime defense attorneys are here to represent you in court while providing you with sound legal advice. Call us at 410-837-0020 or contact us online to arrange a free consultation today.