Rape and sex crimes are criminal offenses in Maryland, while in some states they are called sexual assault. While rape is divided into two degrees, sexual offenses are classified into four degrees. The punishment for these crimes will be based on aggravating factors, such as the use of force, violence, the use of firearms for the victim, etc.
Let’s see what § 3-304 says, which deals with rape in the second degree, the following:
(a) A person may not have vaginal intercourse or have sexual intercourse with another person:
(1) by force, or threat of force, without the consent of another;
(2) if the victim is an individual with substantial cognitive impairment, a mentally incompetent individual, or a physically helpless individual, and the person doing the act knows or reasonably should know that the victim is an individual with substantial cognitive impairment, a mentally incompetent individual incapacitated, or physically helpless individual; either
(3) if the victim is under the age of 14, and the person performing the act is at least 4 years older than the victim.
Prohibited – Children under 13 years
(b) A person 18 years of age or older may not violate subsection (a) (1) or (2) of this section involving a child under 13 years of age.
(c) (1) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of rape in the second degree and upon conviction is subject to imprisonment. not to exceed 20 years.
(2) (i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (b) of this section is guilty of the felony of rape in the second degree and, in the event of conviction, is subject to imprisonment for not less than 15 years and not to exceed life.
(ii) A court may not suspend any part of the 15-year mandatory minimum sentence.
(iii) The person is not eligible for parole during the mandatory minimum sentence.
(iv) If the State does not comply with subsection (d) of this section, the mandatory minimum sentence shall not apply.
(d) If the State intends to seek a sentence of imprisonment of not less than 15 years under subsection (c)(2) of this section, the State shall notify the person in writing of the State’s intent at least 30 days before the trial.
What does the section prohibit?
Pursuant to the section relating to second-degree rape, having vaginal intercourse with another 1) without consent by force or threat, 2) with a mentally or physically incapacitated person when the defendant knows his or her condition, or 3) the victim is under 14 years old and the accused is at least 4 years older than the victim, it is prohibited.
Penalties for Second Degree Rape in Maryland
For a second-degree rape, the defendant will receive a maximum of 20 years in prison. If the defendant is 18 years of age or older and sexually assaults a child under the age of 13, the minimum term of imprisonment will be 15 years and the maximum is life in prison.
What to do when I am accused of second degree rape in Maryland?
Sex crimes are very serious in nature and attract strict punishments. In some cases, it can even be difficult to prove. Therefore, it is important to know the laws. It is for the reason; You will need to contact an experienced sex crimes attorney to learn about his defenses and the possibility of having your sentence reduced. C