How Does Maryland Law Define Second Degree Rape?
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Criminal Defense,
A Baltimore criminal defense attorney Attorney Eric T. Kirk knows that rape in the second degree has very specific elements. This crime involves
forcible, nonconsensual vaginal intercourse with mentally or physically incapacitated victims, or with victims of a certain age.
As with any criminal charge, the precise and specific language maters. If the State cannot prove each of the elements of the offense, beyond a reasonable doubt, they can not convict.
The penalties here are actually less than with first-degree rape, even though some would convincingly argue the conduct equally reprehensible as that involved in a first-degree rape.
