Legal Question in Sexual Harassment in Maryland

child abuse

Is it considere child abuse when a 16 year old has sex with an 11 year who looks like a 14? If so what rights does that 16 year old have? And if nothin is said about this situation now until that young man is 18 but had stopped any kind of relationship with that young lady would he be in any kind of trouble? what recommendations or advice would you give?


Asked on 10/20/03, 12:23 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: child abuse

A felony conviction may lie. Maryland statute defines @ 3-305(b)(2) where the child is under age 16 and the acts involved moving the child without the consent of her parents. I encourage you to pursue this matter to conclusion and invite you to call a public number of

800-983-RAPE

Toll-free in Maryland

Please feel free to contact me should you require assistance with bringing charges.

Joe Holthaus

(410) 799-9002

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Answered on 10/20/03, 9:53 pm
Lawrence Holzman Holzman Law Firm, LLC

Re: child abuse

The actions that you describe are a felony criminal act that is called "rape in the second degree" in Maryland.

I've copied the code section that is relevent:

Md. CRIMINAL LAW Code Ann. � 3-304 (2002)

� 3-304. Rape in the second degree

(a) Prohibited. -- A person may not engage in vaginal intercourse with another:

.

.

.

(3) if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim.

(b) Penalty. -- A person who violates this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment not exceeding 20 years.

Since the person you are referring to was 16 and the victim was 11 the act was felony second degree rape in Maryland (commonly called statutory rape). That PRESUMES that the sex was consensual --- if the sex was by force or threat, then it will be first degree rape without regard to the age -- and given the age of the victim (under 16) can be penalized up to life in prison.

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Answered on 10/20/03, 2:13 pm


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