Legal Question in Criminal Law in Maryland

I really need some assistance; my son was charge with 2nd degree assault, 3rd and 4th degree sexual assault. The young lady falsified her age. They were in somewhat of a sexual relationship until she saw him with another young lady on Valentine weekend Feb. 15th that�s when she informed her mother that he raped her on Dec 22nd. Her mother contacted the police and he was charged on 16th of Feb. After the sexual victims unit spoke with her she changed her story to state that it was consensual and d have retracted her story, she stated that she only did this because she was mad at her mother, but due to her age he was charged. The state picked up the charge. When the police interviewed him he did not deny their sexual encounter and that�s when he found out her exact age. I have been reading case law and found that there is no defense for her falsifying her age. They have offered him a plea bargain of 10 years 7 years suspended 3 years probation and to register as a sex offender for the rest of his life. The attorney that I have is informing him to take the plea. I am trying to see if there is anything else that can be done. I agree with the sentencing part but do not agree with the registering for the rest of his life. She had identification that showed her age of 18, she had an account on myspace and black planet showing her age as 18. Please advise me, he is due to go back to court January 15, 2010 we have had several postponements. Desperately need some guidance.


Asked on 11/09/09, 10:07 am

1 Answer from Attorneys
Bill Wood Law Office of William C. Wood, LLC

It is not clear from your summary what charge he would be pleading to. If a plea to the 4th degree sexual offense can be negotiated, then the registry is discretionary on the part of the sentencing judge. If the plea is to the 3rd degree sex offense, registration is mandatory. Regarding the age issue, falsification does not provide a defense. In addition, I am assuming that the girl was under 16 at the time and your son was at least 4 years older, or was in some position of influence (e.g., a teacher).

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Answered on 11/14/09, 10:29 am


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