Defending Rape Charges in Maryland

 Posted on April 07, 2025 in Sex Crimes

A doctor in Frederick County was recently indicted on several charges related to a sexual assault investigation, including two counts of second-degree rape. The charges stem from incidents that allegedly occurred during two visits from one patient to the doctor’s office.

The adult female alleged that the doctor touched her inappropriately during pelvic and breast exams, which were not the reason for her doctor visit, on a first visit in October 2024 and again in January 2025. The investigation is ongoing.

In Maryland, more than one in four adult women have been the victim of rape at some point in their lives, while nearly half of the adult women in the state and one-third of the adult men have experienced other forms of sexual violence. Rape and sexual assault are serious crimes that are never condoned. However, in some situations, allegations may be less than truthful.

This can cause serious legal problems for the accused. Regardless of your situation, if you have been charged with rape or another sex crime, you need solid legal assistance from a Northern Baltimore County, MD criminal defense attorney.  

Rape Laws in Maryland

Rape in the first degree involves vaginal intercourse through the use of force, the threat of force, and without the victim’s consent. Additionally, the alleged perpetrator of the rape must use or brandish a dangerous weapon, inflict serious injury on the victim during the commission of the rape, threaten the victim by placing him or her in fear of death, strangulation, suffocation, or disfigurement, rape the victim assisted by another person, or rape the victim as a part of a burglary.  

Second-degree rape involves vaginal intercourse without the consent of the victim, through the use of force or threat of force when the victim is younger than 14 (and the perpetrator is at least four years older than the victim) or when the victim is mentally or physically incapacitated at the time of the offense. A perpetrator could also be charged with attempted first-degree rape or attempted second-degree rape.

 Penalties for Rape in Maryland

A conviction for rape in the first degree is a felony that can result in a sentence of prison for not less than 25 years or for life. If the defendant is also convicted of child kidnapping and the victim is under the age of 16, there will be no possibility of parole in a life sentence. A conviction for rape in the second degree can result in up to 20 years in prison unless the defendant is over 18 and the victim is younger than 13; then, there is a mandatory minimum 15-year prison sentence.  

Potential Defenses for Maryland Rape Charges

The specific defenses for charges of rape will depend on the circumstances and facts surrounding the alleged crime. Some of the more common rape defenses include:

• The alleged victim misidentified the defendant as the perpetrator. The defendant is innocent and has an alibi to prove his or her innocence.
• The sex was consensual and was not against the will of the alleged victim. (Minors and those with a physical or mental disability cannot give consent for sex)
• The defendant was mentally impaired and did not understand the nature or consequences of the offense at the time.
• Evidence was gathered illegally, so it is inadmissible.
• The defendant’s constitutional rights were violated during his or her arrest.

Contact a Harford County, MD Sex Crimes Lawyer

If you have been charged with rape, sexual assault, or another sex crime, it is important that you secure legal representation as quickly as possible. The sooner your Northern Baltimore County, MD sex crimes attorney from Baltimore Legal Services can begin investigating and collecting evidence, the better for you and your future. We are available 24/7 and have helped more than 10,000 clients obtain the most positive outcome to their charges.  Schedule your free consultation by calling 858-523-8423.