Frederick Statutory Rape Lawyer 

Statutory rape is defined as sexual conduct with a person that is not considered of legal consenting age. Rape, as it pertains to adults, does not have age limitations surrounding it and consent is a very important defense with respect to rape cases when adults are involved. When there is a child involved, rape cases come with a different definition.

Should a person be charged with statutory sexual assault or statutory rape, having a Frederick statutory rape laws that can help build a defense may be critical to their future. Anyone facing charges or allegations should speak with an experienced sex crimes lawyer before going to trial.

Laws Regarding Consent

With statutory rape, consent is not the issue. If a 25-year-old is having a sexual relationship with a person younger than 18 years-old, never denied having sex with the person and never declined to have sex with the person, that would be irrelevant; because, by statute, a person of that age does not have the ability to consent to a sexual act with somebody that much older than they are.

Rule of Lack of Intent

Lack of intent, in a statutory rape charge, is irrelevant. If a person did not know that they were in a sexual relationship with a person that was under the age of legal consent within the State of Maryland, that would not present an argument to the court about their intent with respect to the criminal act itself. Statutory rape does not require a person to have knowledge of a sexual act that they are engaging in being illegal as it pertains to statutory rape laws in Frederick.

Penalties

These are among the most serious charges that are prosecuted; the Frederick County State Attorney’s Office has a special unit that is assigned specifically to these kinds of sexual offenses. Those prosecutors receive specialized training with respect to these kinds of issues.

Statutory rape convictions can carry the same penalties as a regular rape conviction, which could mean up to life in prison, depending on the kind of case that is being alleged; as well as a lifetime registry on the Sex Offender Registry for the State of Maryland, which is reserved for only those convicted of the most serious criminal offenses. The only people that will suffer the consequence of a penalty are the ones who are convicted of statutory rape themselves. These penalties do not differ from traditional rape charges

Sex Offender Registry

If somebody is convicted of a statutory rape offense, they will be required to register on the Sex Offender Registry for the rest of their life. Statutory rape is considered one the most serious criminal offenses that exist and will require the most lengthy period on the Sex Offender Registry, which is a lifetime.

Third-Party Allegations

Third party allegations are very common with respect to statutory rape charges, especially where the relationship between the parties is consensual. Usually, the parents of the complaining witness discover the sexual relationship and report it to the police, even though perhaps the complaining witness never had an intention of doing so. Third party rape allegations are very common with respect to how statutory rape investigations are required.

Statutory Rape Allegations vs Other Rape Charges

The most significant difference from a statutory rape case is it does not involve a child, instead, the problem is the issue of consent. People often believe that in a rape allegation, consent is always the defense across the board. In statutory rape cases, consent is absolutely not a defense; it does not matter whether the parties involved in a sexual relationship were willing participants.

Statutory rape, by its very definition, means that people under the age of consent are having a sexual relationship with people over a certain age. Statutory rape cases will lose the opportunity for a consent defense, but people should recognize that consent can be a compelling argument when it comes to sentencing in a statutory rape case. Judges do recognize that perhaps a consensual sexual relationship might not require the same level of punishment as a rape, where there was no consent at all.

Benefits of an Attorney

Statutory rape convictions can often lead to sentences also involving incarceration depending on an individual’s background. Courts routinely sentence individuals starting at 5 to 10 years in prison for a rape felony in the first-degree conviction.

Making sure that they are working with an attorney who has experience in litigating these types of cases; who has a very good understanding of the Frederick County Court System, the judges, the prosecutors, and experience working with them.

Having a Frederick statutory rape lawyer, preparing for a proper sentencing, allowing all mitigation and mitigating factors to come into play and introducing evidence of a person’s good moral character obviously limits any potential sentence that a person could serve even for statutory rape.