Understanding Sexual Assault in the Context of Marriage in Maryland Law

Published on
September 13, 2023
Written by
Angel Murphy
Category
Divorce

Quick Overview of Sexual Assault Laws in Maryland

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Sexual Assault, in the form of Rape, unwanted touching, or other variations, is one of the most serious crimes in our society. The State of Maryland has very harsh penalties for persons who commit (and are convicted of) sexual assault crimes. Sexual Assault crimes in Maryland are divided into two main categories, further subdivided into specific offenses. The two primary categories are Rape and Sexual Assault. Rape and Sexual Assault are both crimes, but there are different types of each. Rape can be either first or second-degree, while sexual Assault can be categorized as first, second, third, or fourth-degree.

These different degrees reflect different levels of severity; first-degree Rape, for instance, first-degree Rape involves the use of force or threats and occurs when there is unwanted sexual intercourse. Sexual intercourse that occurs without consent or through the use of force, or by taking advantage of someone who is mentally or physically unable to give consent, is considered second-degree rape. This includes engaging in sexual activity with a minor under the age of 14 when the perpetrator is four or more years older. These actions are serious offenses that violate the victims' rights and can result in severe legal consequences.

As mentioned, sexual assault offenses are typically punished harshly in Maryland. In Maryland, if someone commits first-degree Rape, they may get life imprisonment without parole. If the victim is under 13 and the perpetrator is over 18, the mandatory sentence is 25 years. This 25-year sentence carries no possibility for the court to use its discretion and suspend any part of it. Furthermore, the perpetrator will not qualify for parole at any point during this period.

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Marital Rape Exemption

Throughout American history, many states have had so-called “marital rape” exemptions. These exemptions mean a husband cannot be prosecuted for non-consensual sex acts with his wife. As of 2022, the State of Maryland still has this marital rape exemption, although critical changes have been made. Under Title 3, Subtitle 3, Section 3-318 – “Rape and Spousal Offense – Spousal Defense” – a spouse cannot be prosecuted for most sexual assault offenses, including Rape, if the victim was at the time of the offense the perpetrator’s legal spouse. However, there are important exceptions to this general rule. There are two exceptions to this section: (1) if the spouses were living separately at the time of the assault, and (2) if the crime involved force or threat of force and the other spouse did not give their consent. If one of these exceptions applies, the offender can be charged even if they were married to the victim when the crime was committed.

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Out of these two exceptions, the second one is very important. In a way, this seems to state that “marital rape” is indeed illegal, which is odd considering that this law is supposed to be a marital Rape exemption. Readers need to know that the applicability of these exceptions comes down to what actually transpired between the parties involved. As we have learned through multiple high-visibility cases, sometimes the line between consensual and non-consensual is unclear, particularly in certain relationships. In some cases, there may be room for debate regarding what truly occurred between an alleged perpetrator and victim. But, if genuine Rape did occur, Maryland’s current law states that the perpetrator can be prosecuted, even if the victim was the perpetrator’s spouse.

Contact the Murphy Law Firm for More Information

If you want to learn more, get in touch with one of the leading family law lawyers at the Murphy Law Firm today by calling 240-219-8543.

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Angel Murphy

Personable. Passionate. Persistent.

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