Legal Question in Criminal Law in Maryland

3 years ago i was at a party with a girl that i had been seeing we both had a few drinks, and at one point we had sex. she initiated it, she even said "i think you should bend me over your bed", i asked her several times if she was sure she wanted to and she said yes each time, she even said it was good afterwards. we remained friends and have hung out many many many times often weekly for the past 3 years. i have also helped her with alot of her medical expenses and other expenses over the past three years. she has ovarian cancer. her doctor has been asking why she had sex when she wasnt supposed to and has recently told her that if she says she was raped than she can get a life saving surgury for free, but she would have to charge me with rape. she told me about it a few days ago and said if we cant figure out enough money for the surgury she may have to do that to get the surgury. ive nearly gone bankrupt helping her with her medical expenses, i have been helping her because she was one of my best friends and we had talked about bieng together once she was healthy, i was in love with her

Is there anything i can do?

i know in maryland there is no statute of limitations on rape. no dna evidence needed, and no witnesses needed for a conviction. in a case of he said she said, she said usually wins here.


Asked on 8/12/09, 11:19 pm

2 Answers from Attorneys
William Welch William L. Welch, III Attorney

You cannot prevent someone from accusing you of a crime. However if you are accused, you can defend yourself. While there is no statute of limitations, and while DNA or other scientific evidence is not required in any case, the state must produce at least one witness. In a case of "he said, she said" the verdict depends on whom the jury believes.

While her doctor's testimony is privileged, that privilege may be overcome if the court is convinced that a defendant's right to a fair trial outweighs the privacy of the person whose records are involved. A jury may not find rape, if it believes that the accuser has a motive to lie about it.

However, even if you overcome the privilege, the doctor may deny suggesting a rape accusation, or he may take the 5th. If the doctor did suggest it, the doctor could likely face criminal charges and possibly lose his medical license. That is a powerful motive to keep quiet or deny, and it does not help you.

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Answered on 8/18/09, 7:25 am
Jason Cleckner Law Office of Jason Cleckner, LLC

What you should do is get a non-biased witness (i.e. not a family member or good friend of yours) who can hang around and perhaps overhear her say something about accusing you with rape for these ridiculous purposes. Maybe even hire a private investigator. Good luck.

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Answered on 8/18/09, 9:44 am


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