Maryland Marital Rape Statutes

Maryland's marital rape laws provide a spousal exemption against rape or sexual abuse prosecutions, except where the parties were separated or where force was used to commit the offense.

Current Maryland Law

Maryland provides a spousal defense to allegations of sex offenses under Section 3-318. The section states the following:

(a)  In general - Except as provided in subsections (b) and (c) of this section, a person may not be prosecuted under Sections 3-303, 3-304, 3-307, or 3-308 of this subtitle for a crime against a victim who was the person's legal spouse at the time of the alleged rape or sexual offense

Separation or use of force.- A person may be prosecuted under Sections 3-303(a), 3-304(a)(1), or 3-307(a)(1) of this subtitle for a crime against the person's legal spouse if:

(1) at the time of the alleged crime the person and the person's legal spouse have lived apart, without cohabitation and without interruption:

(i) under a written separation agreement executed by the person and the spouse; or

(ii) for at least 3 months immediately before the alleged rape or sexual offense; or

(2) the person in committing the crime uses force or threat of force and the act is without the consent of the spouse.

(c)  Limited divorce.- A person may be prosecuted under Sections 3-303,  3-304,  3-307, or 3-308 of this subtitle for a crime against the person's legal spouse if at the time of the alleged crime the person and the spouse live apart, without cohabitation and without interruption, under a decree of limited divorce.

Notwithstanding these exemptions, below are two of the several offenses under which an aggrieved spouse can still bring charges:

Rape in the First Degree

Section 3-303(a) provides that a person commits first degree rape when the person engages in vaginal penetration by force or threat of force; employs a dangerous weapon to commit the offense; suffocates, strangles, disfigures or inflicts serious injury on the victim; threatens imminent injury or kidnapping; commits the crime with another or others; or commits the crime during the commission of another crime.

Rape in the Second Degree

Section 3-304 states that a person who engages in vaginal penetration by force or threat of force or if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual.

Penalties

A person convicted of first degree rape can be subject to life imprisonment or if the crime is committed with aggravating factors (victim of minor age), then the sentence is life imprisonment without parole.

A person convicted of second degree rape can be imprisoned for a mandatory minimum of five years without parole during that time.

Find a lawyer

If you face marital rape charges in Maryland, you risk a life term in prison if convicted. Consult with an attorney as soon as possible to ensure that your rights are protected throughout the case.