The criminal offense of sexual assault generally involves forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent.
Sexual assault laws vary from state to state, and in some states the traditional criminal offense of rape is defined as the criminal offense of sexual assault. In some states the touching, groping, or pinching of the body of another person without the person’s consent and for purposes of sexual gratification is defined as sexual assault—and in other states such nonconsensual sexual contact is defined as the criminal offense of sexual battery or forcible touching, for example.
Sexual assault and related criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.
In Maryland, sexual assault is defined under the criminal law statutes and encompasses a range of non-consensual sexual acts. Maryland law categorizes these acts into different degrees of sexual offenses. First-degree sexual offense includes acts such as rape or sexual acts performed through the use of force, or the threat of force, and without the consent of the other person. Second-degree sexual offense may involve sexual acts with someone who is mentally incapacitated, physically helpless, or under the age of consent, which is 16 in Maryland. Additionally, Maryland recognizes the criminal offense of sexual contact without consent as a third or fourth-degree sexual offense, which can include the touching, groping, or pinching of another person's intimate parts without consent for sexual gratification. The specific charges and penalties vary based on the degree of the offense and the circumstances surrounding the act. It is important for individuals facing such charges or those who are victims of such offenses to consult with an attorney who is knowledgeable about Maryland's specific sexual offense laws.