What is Rape?
Rape is a type of sexual assault that usually involves sexual intercourse or other methods of sexual contact. Such acts are committed without the victim’s consent. In some cases, the person may be tortured, injured, or knocked unconscious.
What is First Degree Rape?
The state of Maryland currently recognizes first degree and second-degree rape as crimes. People can also be charged and convicted of first degree or second-degree attempted rape. First degree rape is the most serious of all rape charges.
Before a person can be convicted of rape in the first degree, it must be proven that the accused used actual force or the threat of force to participate in sexual activity with the victim and that the victim did not agree to engage in such acts. In addition, one or more of the following actions must have happened:
- One or more other individuals assisted the perpetrator in committing the act of rape.
- A weapon, such as a gun, knife, club, or other item that the victim could reasonably assume can be used as a weapon, was shown, brandished, or utilized when the crime occurred.
- The rape was committed as part of a burglary in the first, second or third degree.
- The victim was placed in fear or threatened that either they or someone else that they knew would be subject to being killed, physical injury, kidnapping, strangulation, or disfigurement.
- The victim was disfigured, strangled, suffocated or suffered other kinds of significant bodily injuries during the act of rape.
What Are the Penalties for First Degree Rape?
First degree rape is a felony offense. It is punishable by a sentence of up to life in prison. People who have been found guilty of first-degree rape may face a maximum sentence of life in jail without the possibility of parole if they were found guilty of rape in the first degree and already have a first-degree sexual offense or first-degree rape offense on their criminal record, or if the rape in question was part of the kidnapping of a child who was under 16 years old at the time.
A minimum 25-year prison sentence will be assigned to anyone in the state of Maryland 18 years of age or older who has been found guilty of raping someone who was younger than 13. They can be sentenced to anywhere from 25 years to life in prison without parole as a result. More penalties may be added if the convicted person was found guilty of other misdemeanor or felony crimes at the same time.
First degree rape convictions also usually require the offender to be listed on the state sex offender registry. Those details will be available online for anyone to view at any time. Offenders may remain on that database for the rest of their natural lives. Death, moving to another state, being cleared of the crime and having a person’s record expunged are the possible ways that an individual who was convicted of first-degree rape in the state of Maryland can have their information removed from the state sex offender database.
Attempted first degree rape is also a felony, even though actual rape was not completed. The attempt must be verified before a person can be convicted. People who are convicted of this crime can be sentenced to as much as 25 years in prison.
What Can I Do If I’ve Been Raped?
You should seek medical attention if you’ve been raped. Your doctor may want to conduct a thorough examination. You can also contact your local law enforcement office. They may take a statement from you and take photographs of any visible bruises or obvious injuries that were suffered as a result of the crime.
Charges can be filed for any felony offenses at any time in Maryland. Felonies have no statutes of limitations. You can press charges against your attackers at any time. However, it’s usually a good idea to make your complaint as soon as possible. That way, it can be easier to prove your case, gather testimony, and ask people to serve as witnesses while memories of the particular incident are still fresh. The longer you wait, the less likely you are to win the case.
What Actions Should I Take If I’ve Been Accused of First-Degree Rape?
You have the right to defend yourself if you’ve been accused of rape. Individuals can represent themselves or hire legal counsel to act on their behalf. If the case should go to trial, you will be known as the defendant. The person who made the initial complaint will be referred to as the plaintiff. Each side will have equal opportunities to present witnesses, evidence, and testimony before a decision is handed over by the judge who presides over the proceedings.
The plaintiff’s side will have a burden of proof. They must supply enough information that can convince the judge that the rape occurred. If the prosecution cannot verify that the act in question happened, that the victim did not agree to the activity, or that a real or suggested threat was used, it’s very possible that the case could be dismissed or the judge rules in your favor.
Real and attempted rape should always be taken seriously. It’s a devastating act that can leave lasting damage on victims and perpetrators alike. Victims may feel like the crime was their fault, even if they know that they were not to blame in any way. It can also hamper their personal and professional relationships. Rape victims may have difficulty being intimate with romantic partners or feel like they’ll never be able to get over what happened to them.
Being accused of rape is a form of modern-day scarlet letter. Even if you’re totally innocent of the charges, you may still be judged unfairly by your peers. You may be viewed and treated differently, whether those changes are just or not. Some companies and renters may be less inclined to offer employment or housing to people who have been accused or convicted of rape in the first degree.
If you’ve been raped or charged with first degree rape, give us a call today. You can arrange a free consultation with one of our veteran attorneys. They’ll listen to what you have to say and recommend possible next steps. Our staff can even represent you in court if you want.
Our primary goal is to help you get back on your feet again. We know this won’t be easy. You’ll probably face a very long road to recovery. There are going to be good and bad days along the way. If you’re willing to put forth the time and effort and not give up, you may find yourself loving life again before you know it.
