Falsely Accused of Rape Lawyer Maryland

An accusation is not proof. Maryland resolves a rape charge through the elements written into Md. Code, Crim. Law § 3-303 and § 3-304, and the State carries the obligation to establish every one of them as to the charged conduct. A person who denies the accusation is describing a position, and the criminal case tests that position against the statutory elements and the record. Understanding those elements is the first step toward answering the charge in the place where it will actually be decided.

The two sections differ in structure. Section 3-303, rape in the first degree, requires vaginal intercourse or a sexual act by force or threat of force without consent, together with a statutory aggravator: a dangerous weapon, suffocation, strangulation, disfigurement or serious physical injury, a threat of imminent death or kidnapping, action aided and abetted by another, or commission in connection with a burglary. It is a felony carrying imprisonment not exceeding life. Section 3-304, rape in the second degree, reaches conduct without consent, conduct where the victim is substantially cognitively impaired, mentally incapacitated, or physically helpless and the actor knows or should know of that condition, and conduct with a victim under 14 where the actor is at least 4 years older. It is a felony carrying imprisonment not exceeding 20 years.

Law Offices Of SRIS, P.C. defends first and second degree rape charges in Maryland courts, and the work is element by element rather than adjectival. A person who has learned of an accusation, whether or not charges have issued, can reach the firm at (888) 437-7747.

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Reading Sections 3-303 and 3-304 Element by Element

Section 3-303 breaks into three requirements. The first is the conduct: vaginal intercourse or a sexual act. The second is the means and the absence of consent: force or threat of force, without consent. The third is a statutory aggravator: a dangerous weapon; suffocation, strangulation, disfigurement or serious physical injury; a threat of imminent death or kidnapping; action aided and abetted by another; or commission in connection with a burglary. Each of the three is separate, and proof on one says nothing about the others. A charge that fails on the aggravator is not a first degree case regardless of what the record shows on the rest.

Section 3-304 presents three alternative theories rather than a single one. The first is conduct without consent. The second concerns a victim who is substantially cognitively impaired, mentally incapacitated, or physically helpless, where the actor knows or should know of that condition; the knowledge component is a distinct element, and it addresses what the accused person perceived rather than only what the complainant experienced. The third is age based: a victim under 14 where the actor is at least 4 years older. When a charging document names § 3-304 without identifying which theory the State intends to pursue, that question belongs at the front of the case.

Identity, timing, and location are also in issue whenever they are contested. Records that exist apart from either account frequently bear on all three, including message and call logs, device location data, transaction records, transit and ride records, building access data, employment and travel schedules, and the accounts of people who were present.

Two section numbers appear in older material and should not be carried into current analysis. Sections 3-305 and 3-306, the former first and second degree sexual offense sections, no longer state current law. Present statutes refer to them only as they existed before October 1, 2017.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle These Cases

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys do not begin by characterizing the accusation. They begin by taking the charging document apart. Each element of § 3-303 or § 3-304 becomes a separate line of inquiry, and each line is tested against material that exists independently of what either person later said.

Preservation comes first, because the independent material disappears quickly. Message threads, application data, location history, building access logs, transaction records, and video retained by businesses and residential complexes are all subject to routine deletion. The firm sends preservation requests where it can and directs the client to alter nothing on any device. A client who deletes a message compounds the problem the message might have created.

The second stage is the account itself, treated as a document rather than as a character question. Statements in these cases usually exist in several versions across a first report, a police interview, medical records, and later summaries. The firm collects the versions and identifies where the details are consistent, where they changed, and what external records confirm or cannot confirm.

The third stage concerns the pre-charge interval, when it exists. Detectives commonly request an interview and sometimes arrange a recorded call before an arrest. A person who believes the accusation is untrue often wants to explain immediately, and that instinct regularly makes the record worse. The firm communicates with the agency instead.

The fourth stage is the case itself. Mr. Sris and the firm’s Of Counsel attorneys litigate suppression questions, test the sufficiency of proof on each element, prepare cross-examination, and assess sentencing and registration exposure under Md. Code, Crim. Proc. § 11-701. No lawyer can promise an outcome, and the firm does not.

Counsel for a Contested Maryland Rape Charge

Mr. Sris founded the firm in 1997 and holds the title Owner and Founder. He is a former prosecutor. That background bears directly on a contested case, because it informs how counsel reads a charging decision: what the State assembled before charging, which elements the file actually addresses, and which ones rest on inference. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.

Mr. Sris and the firm’s Of Counsel attorneys concentrate in criminal defense and handle felony sexual offense litigation in Maryland courts. Clients in this position are frequently dealing with more than the charge, including employment consequences, licensing questions, immigration questions, and family court proceedings that move on their own schedule. The firm identifies those collateral tracks early, because a step taken in one of them can affect the criminal case. Those tracks often demand attention while the criminal case is still in its early stages.

The firm sets expectations plainly. It explains what § 3-303 and § 3-304 require, what the record currently shows, what investigation may add, and what the realistic range of results looks like at each stage. A 24/7 phone intake allows a client to reach the firm after an arrest outside regular hours. Request a consultation by calling (888) 437-7747.

Frequently Asked Questions

What does the State have to establish for rape in the first degree?

Section 3-303 requires vaginal intercourse or a sexual act by force or threat of force without consent, plus a statutory aggravator. The listed aggravators are use of a dangerous weapon, suffocation, strangulation, disfigurement or serious physical injury, a threat of imminent death or kidnapping, action aided and abetted by another, and commission in connection with a burglary. The offense is a felony carrying imprisonment not exceeding life. Because the aggravator is an independent element, your case may turn on it even where the rest of the allegation is contested. Ask counsel which aggravator the State has pleaded and what supports it.

How does rape in the second degree differ?

Section 3-304 does not require an aggravator and does not require force or threat of force. It reaches vaginal intercourse or a sexual act without consent. It separately reaches conduct where the victim is substantially cognitively impaired, mentally incapacitated, or physically helpless and the actor knows or should know of that condition. It also reaches a victim under 14 where the actor is at least 4 years older. The maximum is imprisonment not exceeding 20 years. Since the section carries alternative theories, the defense first establishes which theory the State has selected, because the elements and the relevant records change with the answer.

What should you do after learning that someone has accused you?

Stop communicating with the person who made the report and with anyone connected to it, including through friends and social media. Preserve everything on your devices and change nothing. Write down your own recollection of dates, times, places, and the people who were present, and give that document to counsel rather than to anyone else. Decline requests for an interview until counsel has spoken with the agency. These steps protect the record whatever the case turns out to involve, and they are far easier to take before charges issue than after. Call (888) 437-7747 before you respond to an investigator.

Does the absence of physical evidence end a Maryland case?

No. Sections 3-303 and 3-304 define their elements by conduct, means, consent, condition, and age, and neither section lists any particular category of evidence as a requirement. A case can therefore go forward without medical or forensic findings. What follows from that is a defense focused on the elements and on independent records rather than on the absence of one evidence type. Where the State’s proof on an element rests on a single source, the defense examines what that source has said over time and what outside material either supports or fails to support.

Can a person be charged today under Section 3-305 or Section 3-306?

Those sections no longer state current law. Sections 3-305 and 3-306 were the former first and second degree sexual offense sections, and present statutes refer to them only as they existed before October 1, 2017. Current conduct that would once have fallen under them is addressed through § 3-303, § 3-304, § 3-307, or § 3-308, depending on the conduct, the consent question, the condition of the complainant, and the ages involved. If you are comparing an older article or an older case to your own paperwork, expect the section numbers to differ, and rely on the charging document.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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