You are on page 1of 3

http://aspe.hhs.gov/hsp/08/sr/statelaws/statelaws.

shtml#Maryland

Maryland A. Statutory RapeCriminal Offenses


An individual is deemed incapable of consent is he or she is less than 16 years of age.[371] However, engaging in voluntary sexual intercourse or sexual acts with a victim who is less than 16 years of age is legal as long as the defendant is less than 4 years older than the victim.[372]
Definition of Offenses Offense Definition Engaging in vaginal intercourse or a sexual act[374] with someone at least 14 Sexual offense in years of age and less than 16 years of age where the defendant is at least 4 the 4th degree[373] years older than the victim. Engaging in sexual contact[376] with someone less than 14 years of age where Sexual offense in the defendant is at least 4 years older than the victim.Engaging in vaginal the 3rd degree[375] intercourse or a sexual act with someone at least 14 years of age and less than 16 years of age where the defendant is at least 21 years of age. Sexual offense in Engaging in a sexual act with someone less than 14 years of age where the the 2nd degree[377] defendant is at least 4 years older than the victim. 2nd degree rape[378] Engaging in a vaginal intercourse with someone less than 14 years of age where the defendant is at least 4 years older than the victim.

B. 1.

Child Abuse Reporting Requirements Inclusion of statutory rape in reporting requirements

Mandated reporters are required to report all instances of suspected abuse, including sexual abuse of a child.[379] However, sexual abuse is defined to only include those acts perpetrated by the victims parent, household or family member, or someone else responsible for the victims care.[380]

2.

Mandatory reporters

Mandated reporters include: health practitioners, police officers, educators, humans service workers, and any other individual who suspects that a child has been the victim of abuse. Lawyers and clergy members are not required to report abuse if they

learn of it through in their professional capacity, and they are bound to maintain confidentiality.[381]

3.

Who to report to

Health practitioners, police officers, educators, and humans service workers must make an oral report of all suspected abuse, as soon as possible, to the local office of the Department of Human Resources or the appropriate law enforcement agency. Within 48 of learning of the abuse, these mandated reporters must also file a written report with the Department and the local States Attorney.[382] All other mandated reporters are required to make a report, either orally or in writing, to the local office of the Department or the appropriate law enforcement agency.[383]

4.

State response

The Department of Human Resources and law enforcement must notify one another of any reports they receive.[384] These two groups, along with the States attorney are required to implement a joint investigative procedure for investigating reports of sexual abuse. The investigation of all reports of sexual abuse must be initiated within 24 hours of receipt.[385]

Citations:

[371]

Maryland Code, Criminal Law, 3-308 Maryland Code, Criminal Law, 3-304, 3-306, 3-308 Maryland Code, Criminal Law, 3-308

[372]

[373]

[374]

Sexual act includes any of the following: analingus; cunnilingus; fellatio; anal intercourse, including penetration, however slight, of the anus; or an act in which an object penetrates, however slightly, into another individual's genital opening or anus that can reasonably be construed to be for sexual arousal or gratification, or for the abuse of either party. Maryland Code, Criminal Law, 3-301.

[375]

Maryland Code, Criminal Law, 3-307

[376]

Sexual contact is defined as: an intentional touching of the victim's or actor's genital, anal, or other intimate area for sexual arousal or gratification, or for the abuse of either party, including an act in which a part of an individual's body, except the penis, mouth, or tongue, penetrates, however slightly, into another individual's genital opening or anus. Maryland Code, Criminal Law, 3-301.
[377]

Maryland Code, Criminal Law, 3-306 Maryland Code, Criminal Law, 3-304 Maryland Code, Family Law, 5-704, 5-705 Maryland Code, Family Law, 5-701 Maryland Code, Family Law, 5-704, 5-705 Maryland Code, Family Law, 5-704 Maryland Code, Family Law, 5-705 Maryland Code, Family Law, 5-704 Maryland Code, Family Law, 5-706

[378]

[379]

[380]

[381]

[382]

[383]

[384]

[385]