What You Need to Know About Maryland Sexual Assualt Laws
Maryland sexual assault laws include different types of sex crimes. Here’s everything you need to know about Maryland’s sexual assault laws.
Maryland considers rape, attempted rape, sexual offense, and sexual solicitation of a minor to be sexual assault. Courts may sentence individuals guilty of sexual assault with time in prison or fines.
Defining Sexual Assault in Maryland
Maryland recognizes sexual crimes such as rape as sexual assault. Maryland recognized different levels of sexual assault, such as rape, attempted rape, sexual offense, and sexual solicitation of a minor.
In Maryland, rape in the first degree is when an individual engages in a sexual act using the threat of force without the consent of the other party. Rape in the second degree in Maryland is when an individual engages in a sexual act using the threat of force against someone who does not have the mental or physical capacity to consent. Attempting to commit rape in the first degree or second degree is a crime in Maryland.
Related: Sexual Coercion vs Sexual Assault: What’s the Difference?
In Maryland, sexual offense in the third degree is when an individual engages in sexual contact without the consent of the other party and uses or threatens force. Sexual offense in the fourth degree in Maryland is when an individual engages in sexual contact without the consent of the other party without threats of force.
Maryland defines the sexual solicitation of a minor as commanding, requesting, or advising a minor to engage in sexual contact. Individuals may not attempt to solicit a minor in person, over the phone, through text, by mail, through the internet, or any other electronic means.
Penalties for Sexual Assault in Maryland
Rape is a felony in Maryland. If a court finds an individual guilty of rape in the first degree, it may sentence them to life in prison. If a court finds an individual guilty of rape in the second degree, it may sentence them to up to 20 years in prison. Maryland courts punish attempted rape similarly to rape. A Maryland court may punish an individual guilty of attempted rape in the first degree with up to life in prison. A Maryland court may punish an individual guilty of attempted rape in the second degree with up to 20 years in prison.
A sexual offense may be a felony or a misdemeanor in Maryland. If a court finds an individual guilty of a sexual offense in the third degree, the crime is a felony, and it may sentence them to up to ten years in prison. If a court finds an individual guilty of a sexual offense in the fourth degree, the crime is a misdemeanor, and it may sentence them to up to one year in prison in addition to a $1,000 fine.
Sexual solicitation of a minor is a second-degree felony in Maryland. If a court finds an individual guilty of sexual solicitation, it may sentence them to up to ten years in prison.
Related: Sexual Assault on College Campuses
FAQs About Maryland Sexual Assault Laws
Does Maryland require the state to prove a victim physically resisted sexual assault?
Maryland law does not require prosecutors to prove that the victim of sexual assault physically resisted proving rape or sexual offense. Prosecutors may still bring in evidence of physical resistance to court.
Can a Maryland court charge someone for raping their spouse?
In Maryland, a court cannot charge someone for rape against their spouse except under certain circumstances. In cases where the spouses have lived apart for three consecutive months or under a separation agreement, a Maryland court may charge an individual with rape against the spouse. In cases where an individual coerces sexual acts through the threat of force, a Maryland court may charge an individual with rape against their spouse.
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