Baltimore, MD Sexual Assault Lawyers

Attorneys for Charges of Sexual Assault, Rape, and Sexual Offenses in Baltimore, Maryland

Being accused of a sex crime is one of the most serious situations a person can face. The consequences of a conviction are likely to include incarceration and fines, but a person will also face mandatory sex offender registration and a permanent criminal record that will follow them for the rest of their life.

The criminal justice system in the United States provides people who are accused of crimes with the right to defend themselves. That right is especially important in cases involving allegations of sexual assault, since the consequences of a conviction are so severe. The attorneys at Silverman Thompson represent people in Baltimore and other parts of Maryland who are facing accusations of rape or sexual offenses. We work to protect our clients' rights at every stage of the legal process while developing successful defense strategies.

Sexual Offense Charges Under Maryland Law

In Maryland's criminal code, there are several types of charges that may apply in cases involving accusations of sexual assault, including:

First-Degree Rape

A person may face charges of first-degree rape if they are accused of having sexual intercourse or a sexual act with another person without the alleged victim's consent and while using force or making threats. Sexual acts may include fellatio, cunnilingus, analingus, and anal intercourse, which includes any penetration of the anus, no matter how slight. Rape charges may also involve the penetration of the genitals or anus with an object or with any part of a person's body when this is done for sexual gratification or the abuse of either party.

Rape and sexual assault cases may involve aggravating factors, such as the alleged use of a weapon, attempts to suffocate or strangle the alleged victim, the infliction of serious injuries, or the involvement of an accomplice. First-degree rape is among the most serious charges in Maryland's criminal code, and a conviction may lead to a potential sentence of life in prison. In cases involving aggravating factors, a person could be sentenced to life in prison without the possibility of parole. If the alleged victim was a child under the age of 13, a person may face a mandatory minimum sentence of 25 years.

Second-Degree Rape

Rape in the second degree generally involves sexual intercourse that occurred without consent. This charge may apply if a case did not involve aggravating factors that would lead to charges of first-degree rape. It may also apply in cases where someone is accused of having sexual intercourse with someone who could not give consent because they were intoxicated or mentally incapacitated.

Second-degree rape charges also address certain situations where an adult may be accused of sexual activity with a minor. This includes any form of sexual intercourse with a child below the age of 14 in which the alleged offender was at least four years older than the alleged victim.

A person convicted of second-degree rape could be sentenced to up to 20 years in prison. A person who is accused of second-degree rape against a child younger than 13 years old may face a mandatory sentence of 15 years and a maximum sentence of life in prison.

Third and Fourth-Degree Sexual Offense

A third-degree sexual offense may involve sexual contact other than intercourse that was allegedly committed without a person's consent. This offense may apply if a person is accused of touching someone's intimate areas for sexual gratification, and they allegedly used threats, carried a weapon, or strangled or suffocated the alleged victim. In these cases, a person could be charged with a third-degree felony and sentenced to up to 10 years in prison.

A fourth-degree sexual offense may involve other forms of sexual contact without consent, including situations where teachers, school officials, or others who have authority over children are accused of having sexual intercourse or sexual contact with minors. The penalties for a conviction will generally include a sentence of up to one year in prison, although more serious penalties may apply in cases involving minors.

Defense Strategies in Sexual Assault Cases

Every sexual assault case involves specific facts. The most effective defense strategy will depend on a careful review of the evidence, the circumstances of the alleged offense, the relationship between the parties, and other factors. Some of the strategies that may be used in these cases include:

• Consent: Many sexual assault allegations occur in situations where the parties disagree about whether consent was given. Our lawyers may take steps to show that both parties agreed to engage in sexual contact. Building a consent defense will require a review of all available evidence, including communications between the parties before and after the alleged incident, accounts from witnesses, and any inconsistencies in the account of the alleged victim.
• Mistaken Identity: In cases involving strangers or situations where a victim did not fully see the alleged offender, our lawyers can take steps to show that accusations were based on mistaken identity. Identifications by eyewitnesses are some of the least reliable forms of evidence in criminal cases. Misidentifications have led to a number of wrongful convictions. Our legal team will review the procedures used to identify a suspect during an investigation and present evidence to show that a person was identified incorrectly.
• Challenging Evidence: Physical and forensic evidence can play a central role in many sexual assault cases. DNA evidence is often treated by prosecutors as proof of a suspect's guilt, but the collection, handling, testing, and interpretation of this evidence may involve errors. Our attorneys will work with forensic professionals to review the chain of custody of physical evidence, determine whether lab tests may have been faulty, and challenge conclusions that are not supported by the evidence.
• Challenging Witness Credibility: Testimony by an alleged victim will often play a central role in a sexual assault case. In some cases, a witness's statements may be the only direct evidence of the alleged offense. Our lawyers can examine a person's testimony and identify any inconsistencies that may undermine the prosecution's case.
• Constitutional Violations and Suppression of Evidence: Law enforcement officers are required to follow specific procedures when investigating sexual assault cases, including obtaining search warrants and advising suspects of their Miranda rights before performing questioning. When investigators violate a defendant's constitutional rights, the evidence obtained they obtained when doing so may be subject to suppression, meaning it cannot be used against the defendant in a trial. Our attorneys will identify evidence that was obtained illegally and take steps to have it suppressed.
• Alibi Evidence: When a defendant was not present at the location where the alleged offense occurred, our lawyers can present an alibi. We can use testimony from witnesses, electronic records, surveillance footage, or other documentation to show that a defendant was elsewhere at the time of the alleged crime.

Contact Our Baltimore Sexual Assault Defense Attorneys

A person who has been charged with sexual assault will need to make sure they have legal representation from a skilled and experienced attorneys. At Silverman Thompson, our criminal defense team is led by Andrew C. White, who formerly worked in the United States Attorney's Office as a Division Chief of the Sex Offense Unit. We understand how to defend against sex crime charges and how to resolve these cases successfully. Contact our Baltimore, MD rape and sexual offense lawyers at 410-385-2225 to schedule a free consultation.