At Houlon Berman, we have over 50 years of experience representing clients in criminal matters all over the State of Maryland (Upper Marlboro, Rockville)and in D.C. We take pride in the results we fight for on behalf of our clients and can assist you in any criminal case, regardless of the charges, due to our experienced and dedicated attorneys. Our approach starts with full investigation of the facts of your case in full consideration of the elements of the offense and an eye toward obtaining the best possible results for you.
In every sexual offense case, the prosecution bears the burden of proof of all elements of the offense beyond a reasonable doubt. The burden of proof is always on the prosecution and never the client, and the jury’s verdict must be unanimous.
Types of Sexual Offense Charges
Maryland law includes many different forms of sexual offenses which all carry different potential penalties. The most common and serious of those charges are further described below:
Rape
Maryland Criminal Law Code Ann. § 3-303 defines rape as engaging in vaginal intercourse or committing a sexual act with another by force or threat of force. First Degree Rape carries a maximum penalty of life imprisonment. Second Degree Rape carries a maximum penalty of twenty years, or life imprisonment if the victim was under the age of 14 and the Defendant is at least four years older than the victim.
In order to prove the offense of First Degree Rape, the State must prove the following elements of the offense:
- The Defendant had vaginal intercourse or committed a sexual act with the victim without the consent of the victim and one of the following elements was also present:
(A) the defendant used or displayed a dangerous weapon or an object that the victim reasonably concluded was a dangerous weapon;
(B) the defendant suffocated, strangled, disfigured, or caused serious physical injury to the victim in the course of committing the offense;
(C) the defendant threatened or placed the victim in reasonable fear that the victim would be imminently subjected to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping;
(D) the defendant committed the offense aided and abetted by another]; or
(E) the defendant committed the offense in connection with a burglary in the first, second, or third degree.
In order to prove the offense of Second Degree Rape, the State must prove the following elements of the offense:
(1) that the defendant had vaginal intercourse or committed a sex act with the victim;
(2) that the act was committed by force or threat of force; and
(3) that the act was committed without the consent of the victim.
In order to prove the offense of Second Degree Rape (age-based), the State must prove the following elements of the offense:
(1) that the defendant had vaginal intercourse or committed a sex act with the victim
(2) that the victim was under fourteen years of age at the time of the act; and
(3) that the defendant was then at least four years older than the victim.
Sexual Offense
Sexual Offense charges in Maryland include either third degree or fourth degree sexual offense. They are defined as non-consensual sexual contact/sexual acts or certain sexual acts/sexual contact performed when the victim is of a certain tender age. Third Degree Sexual Offense carries a maximum penalty of ten years of incarceration. Fourth Degree Sexual Offense carries a maximum penalty of one year of incarceration.
In order to prove the offense of Third Degree Sexual Offense, the State must prove the following elements of the offense:
(1) that the defendant had sexual contact with the victim;
(2) that the sexual contact was made against the will and without the consent of the victim; and
(3) that the defendant:
(a) used or displayed a dangerous weapon or an object that the victim reasonably concluded was a dangerous weapon;
(b) inflicted suffocation, strangulation, disfigurement, or serious physical injury against the victim in the course of committing the offense;
(c) threatened or placed the victim in reasonable fear that the victim would be imminently subjected to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping;
(d) committed the offense aided and abetted by one or more additional persons; or
(e) committed the offense in connection with a burglary in the first, second, or third degree.
In order to prove the offense of Third Degree Sexual Offense (age-based/sexual contact), the State must prove the following elements of the offense:
(1) that the defendant had sexual contact with the victim;
(2) that the victim was under fourteen years of age at the time of the act; and
(3) that the defendant is at least four years older than the victim.
In order to prove the offense of Third Degree Sexual Offense (age-based/sexual act), the State must prove the following elements of the offense:
(1) that the defendant engaged in a sexual act with the victim;
(2) that the victim was fourteen or fifteen years of age at the time of the act; and
(3) that the defendant was a least twenty-one years old at the time of the act.
In order to prove the offense of Fourth Degree Sexual Offense, the State must prove the following elements of the offense:
(1) that the defendant had sexual contact with the victim; and
(2) that the sexual contact was made against the will and without the consent of the victim
In order to prove the offense of Fourth Degree Sexual Offense (age-based), the State must prove the following elements of the offense:
(1) that the defendant committed fellatio, cunnilingus, analingus, anal intercourse, or unlawful penetration with the victim;
(2) that the victim was fourteen or fifteen years of age at the time of the act; and
(3) that the defendant was at least four years older than the victim.
In Maryland, many sexual offense cases go to trial, while others reach a resolution in lieu of trial. At Houlon Berman, we take each and every sexual offense case one by one with an eye toward achieving the best possible result for our clients. Our criminal defense attorneys at Houlon Berman have long and extensive experience representing clients successfully in sexual offense cases all over Maryland (including Rockville, Upper Marlboro and D.C.). Our success derives from our years of experience, uncompromising commitment to our clients and hard work. Our clients receive a robust and aggressive defense in each and every case.
Sex Offender Registration
As a consequence of a sex offense conviction, you may be forced to register on the Maryland State Sex Offender Registry. You are required to report on a regular basis when required to register and your status as a sex offender as well as your address and photograph may be posted on the Maryland Sex Offender Registry website. At Houlon Berman, we have frequently dealt with Sex Offender registry issues, helped client avoid or limit their registration requirement and always make sure that our client is aware of the full extent of their Sex Offender Registry exposure upon conviction. A fully informed client who knows the truth about their case is our goal.
If you have a sexual offense case in Upper Marlboro, Hyattsville, Bowie, Greenbelt, College Park, Laurel, Rockville, Bethesda, Silver Spring, or anywhere else in the State of Maryland, please contact us.