Sex Crimes Flashcards
(8 cards)
What constitutes Rape in the First Degree under Maryland law?
Answer:
Under § 3-303, Rape in the First Degree involves vaginal intercourse by force or threat of force without consent, and includes aggravating factors like the use of a weapon, infliction of serious injury, or committing the act during a burglary.
Q: What is second-degree rape in Maryland?
Vaginal intercourse with a victim under 14 by someone at least 4 years older, or without consent by force or threat.
A 22-year-old man has consensual sexual intercourse with a 15-year-old girl. The girl told him she was 18, and he believed her. Could he still be charged with a crime under Maryland law?
Yes. Under Maryland Criminal Law § 3-308 and § 3-304, the age of consent is 16. Sexual intercourse with someone under 16 is considered a second-degree rape or third-degree sex offense, depending on the circumstances. Mistake of age is not a defense in Maryland statutory rape cases. The 22-year-old could be charged with a third-degree sexual offense or second-degree rape.
A 40-year-old caregiver engages in sexual activity with a 20-year-old adult with severe intellectual disabilities who cannot understand or consent to the act. Is this a crime?
Yes. Under Maryland Criminal Law § 3-304, engaging in sexual intercourse with a person who is mentally incapacitated or physically helpless and cannot give consent is classified as second-degree rape. The caregiver could be charged accordingly and face severe penalties.
Scenario:
A 21-year-old has consensual sex with a 15-year-old in Maryland.
No. In Maryland, the age of consent is 16. A 15-year-old cannot legally consent to sex with an adult. The 21-year-old could be charged with a second-degree rape or sexual offense depending on the circumstances.
A 17-year-old and a 14-year-old are dating and engage in consensual sex. What is the crime if any?
It might be. Maryland has a 4-year close-in-age exception, meaning a person who is at least 14 can consent to sex with someone who is less than 4 years older. If the 17-year-old is not yet 18, this likely falls within the exception. However, any evidence of coercion or authority would still be illegal.
A 35-year-old stepfather touches his 13-year-old stepdaughter inappropriately over her clothes but does not have intercourse.
third-degree sexual offense.
A caregiver has sexual contact with a 22-year-old client with a significant intellectual disability, though the client does not protest.
No. If someone is mentally incapacitated and unable to understand or consent to the act, any sexual contact can be charged as second-degree rape or sexual offense under Maryland law, especially if there’s a power imbalance or the person cannot legally give informed consent.
