Maryland Sexual Battery Laws

Sexual Battery in Maryland refers to sex crimes not typically covered by rape statutes, such as unlawful sexual contact. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In Maryland, sexual battery is codified in the law under 3rd degree sexual assault. By definition, 3rd degree sexual assault occurs when a person:

• engages in sexual contact with another without the consent of the other; and
  • 1. uses or show a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;
  • 2. suffocates, strangles, disfigures, or inflicts serious physical injury on the victim or another in the course of committing the crime;
  • 3. threatens, or places the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping; or
  • 4. commits the crime while aided and abetted by another;
• engages in sexual contact with another 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 the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual;
• engages in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim;
• engages in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old; or
• engages in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.

Penalties for Sexual Battery in Maryland 

The penalty for sexual battery classified under 3rd degree sexual assault in Maryland is a maximum of 10 years in state prison.

Defense of a Sexual Battery in Maryland 

The list of defenses for Sexual battery in Maryland here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Maryland  

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.