Statutory Rape

Statutory Rape Attorney in Salisbury, MD

Former Prosecutors Defending Age-Based Sex Offense Charges on the Eastern Shore

Maryland doesn’t use the term “statutory rape” in its statutes. What most people call statutory rape is charged under three separate age-based provisions in Maryland Criminal Law Article: second degree rape (section 3-304), third degree sexual offense (section 3-307), and fourth degree sexual offense (section 3-308). The charge on your court documents may look nothing like what you expected. The penalties, however, are real.

At MacDonald Law Office, LLC, we’ve been defending clients against criminal charges in Salisbury since 2009. Founders Andrew and Cynthia MacDonald both prosecuted cases in Wicomico County before building this defense practice. Andrew tried over 100 jury trials as a prosecutor, covering every charge category from DUI to murder. That courtroom record shapes how we read a charging document, identify weaknesses in the State’s theory, and position cases for the strongest available defense.

A charge under any of these statutes can carry felony-level exposure and may require sex offender registration. The earlier defense preparation begins, the more options may remain available. Call us at (410) 348-7809 to schedule a free consultation.

How Maryland Law Classifies These Charges

Maryland sets the age of consent at 16. Sexual activity with anyone under 16 is unlawful under state law regardless of whether the younger party appeared to agree. Consent is not a defense to age-based charges; the victim’s age is the controlling fact. Three charge tiers apply depending on the ages of the parties and the nature of the alleged act.

Second Degree Rape (Felony)
Vaginal intercourse or a sexual act involving a victim under 14 when the defendant is at least four years older. This is the most serious tier, carrying up to 20 years in prison. A second or subsequent conviction involving sexual activity with a minor can result in a life sentence.

Third Degree Sexual Offense (Felony)
Vaginal intercourse or a sexual act involving a victim aged 14 or 15 when the defendant is 21 or older. Also covers sexual contact involving intimate touching without penetration when the victim is under 14 and the defendant is at least four years older. Can carry up to 10 years.

Fourth Degree Sexual Offense (Misdemeanor)
Vaginal intercourse or a sexual act involving a victim aged 14 or 15 when the defendant is at least four years older but under 21. Can carry up to one year and a fine of up to $1,000. Adults in positions of authority over minors, such as teachers or coaches, may face fourth degree charges regardless of the minor’s age.

Maryland’s Romeo-and-Juliet provision limits the reach of these statutes. When the defendant is less than four years older than a victim who is 14 or 15, the age-based charge under section 3-308 doesn’t apply. Maryland also has no statute of limitations for felony sexual offenses, meaning charges can be brought years after an alleged incident.

What a Conviction Can Cost You

Prison time is only part of the exposure. A conviction under any of these statutes may require registration on Maryland’s sex offender registry for 15 years, 25 years, or life, depending on the offense. Registry information is public and requires regular updates to your address and employer. Failing to register can carry up to three years and a $5,000 fine on a first offense; subsequent failures can be felonies carrying up to five years and a $10,000 fine.

Beyond registration, a conviction can trigger suspension or revocation of professional licenses in fields including teaching, nursing, medicine, and law. Non-citizens may face immigration consequences, including deportation. Employment and housing opportunities can narrow significantly, family court matters involving custody or visitation can be directly affected, and reputational damage tends to begin at the accusation stage, well before any conviction is entered.

Prosecutorial Experience Applied to Your Defense in Salisbury

Knowing how the State builds a case changes how we defend against one. Andrew and Cynthia MacDonald spent years on the prosecution side in Wicomico County. They understand how a State’s Attorney’s Office decides which charges to file, what evidence to lead with, and how these cases are typically presented to judges and juries in local courts. Our office sits directly across from the district court in Salisbury, and that proximity reflects how rooted our practice is in Wicomico County proceedings.

Clients work directly with our attorneys throughout their case. We don’t route calls through paralegals or hand files off between staff. When you need to reach us, you reach us. We also serve clients in Ocean City and across the Eastern Shore of Maryland. Free consultations are available, and we can respond quickly when circumstances are urgent.

Defense Strategies for Statutory Rape Charges in Maryland

Age-based sex offense charges are fact-intensive. The strength of a defense depends on the specific charge tier, the evidence the State has gathered, and how early defense preparation begins. Several distinct strategies apply in these cases.

Romeo-and-Juliet age-gap provision: When the defendant is less than four years older than a victim aged 14 or 15, the age-based charge under section 3-308 doesn’t apply as a matter of Maryland law. This isn’t a factual argument; it’s a statutory bar on prosecution.
Mistake of age: Maryland applies a strict liability standard to age-based offenses, meaning a belief that the alleged victim was of legal age is generally not a recognized defense. Whether any affirmative defense is available depends on the specific statute charged and the facts of the case.
False accusation: Inconsistencies in the accuser’s statements, changes in the account over time, and identifiable motives to fabricate are all relevant. Cases involving child advocacy center interviews require close examination of whether leading or suggestive questioning affected the reliability of the account.
Alibi: Evidence placing the defendant somewhere other than the alleged location at the time in question directly challenges the State’s case.
Challenging digital and physical evidence: Phone records, text messages, and social media content can support or undermine either party’s account. How that evidence was collected matters as much as what it contains.
Suppression of unlawfully obtained evidence: Statements made without proper Miranda warnings and evidence gathered through unlawful searches can be challenged and, if successful, excluded from the State’s case.
Insufficient evidence: When the prosecution lacks sufficient admissible evidence to meet its burden, we can move to reduce or dismiss charges.

Steps to Take Immediately After an Allegation

The decisions made in the first hours and days after an allegation often shape what options remain available later. A few actions can meaningfully protect your position.

Don’t speak to law enforcement without an attorney present. Even a casual remark can be used against you or treated as an inconsistency at trial.
Preserve potential evidence. Text messages, social media posts, and call logs that support your account of events should be saved and shared only with your attorney.
Avoid all contact with the accuser. Any communication can be subpoenaed and used to build the State’s case.
Don’t discuss the allegations. Conversations with friends, coworkers, or on social media can be subpoenaed or reached through other means.
Write down what happened while memory is fresh. A detailed, private account shared with your attorney is protected by attorney-client privilege and can be critical to early case assessment.
Contact a statutory rape lawyer in Salisbury immediately. The earlier defense preparation begins, the more time there is to identify witnesses, review evidence, and evaluate the State’s case before anything is lost.

Talk to a Salisbury Statutory Rape Attorney Today

An accusation under Maryland’s age-based sex offense statutes moves quickly through the Wicomico County courts. The consequences of a conviction, from prison time to lifetime registry requirements, can follow long after. MacDonald Law Office, LLC offers free consultations for clients facing these charges in Salisbury, Ocean City, and throughout the Eastern Shore. You’ll work directly with Andrew or Cynthia MacDonald from your first call through resolution.

Don’t wait to get counsel in place. Call MacDonald Law Office, LLC at (410) 348-7809 to speak with a statutory rape attorney and schedule your free consultation.

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