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What would you do if you found yourself accused of sexual battery in Maryland? 

The stakes are incredibly high in such cases, potentially leading to severe penalties and lasting impacts on your life, as noted by Maryland’s Department of Public Safety and Correctional Services (DPSCS). Defending against sexual battery charges requires a deep understanding of Maryland’s complex legal landscape and the skills of a seasoned attorney who can navigate these challenges effectively.

An experienced sexual battery defense lawyer can help protect your rights, build a strong defense, and guide you through every step of the legal process. 

The sensitive nature of these accusations demands a lawyer who knows the law and approaches the case with the utmost discretion and dedication. Having a trusted legal ally can make a difference in the outcome of your case.

At Scrofano Law, PC, we have experience providing robust defense for those accused of sexual battery. With our in-depth knowledge and commitment to our clients, we stand by their side, ensuring they receive the strongest possible defense. 

Contact us and schedule a consultation today. We’re ready to help you. 

Understanding Sexual Battery Charges in Maryland

Sexual battery is considered a sexual offense in Maryland, and it’s considered a severe crime. It refers to a range of non-consensual sexual activities. Additionally, sexual battery includes acts like unwanted touching, forced sexual acts, and rape. Consent is a crucial factor. Lack of it can lead to criminal charges.

Degrees of Sexual Battery

Maryland law differentiates sexual battery into degrees based on the severity and circumstances:

  • First-Degree Sexual Battery: Involves severe violence or threats, often resulting in long prison sentences. Those found guilty face life in prison. 
  • Second-Degree Sexual Battery: Includes forced sexual contact without consent and can lead to significant penalties—those found guilty face up to 20 years in prison.

More information is available at the DPSCS website under Registrable Sex Crimes

Statistics

Sexual battery cases in Maryland are unfortunately common. According to Maryland’s Department of Health, “about one in five (or 466,000) adult women have been forcibly raped, and one in six (or 359,000) adult men have experienced sexual violence at some point in their lives (NISVS, 2010).” Moreover, as shared by the Maryland Coalition Against Sexual Assault (MCASA), “in 2020, there were 1891 reported rapes in the state of Maryland.” However, in 2022, the US Department of Justice reported that 78.6% of sexual assaults in Maryland are never reported to the police

Additionally, authorities maintain a sex offender registry for public safety. This registry lists offenders and their crimes, highlighting the state’s commitment to monitoring and managing sexual offenders.

Potential Consequences of Sexual Battery Convictions

Sexual battery convictions carry severe penalties. Here’s a quick overview of some of the potential consequences.

Legal Penalties:

  • Imprisonment: Convictions can result in long-term imprisonment. A first-degree sexual offense might lead to life sentences, as noted in §3–305
  • Fines: Convicted individuals often face steep fines. These can add a significant financial burden. For example, “A person who violates §3–324 (sexual solicitation of a minor) is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both.”
  • Probation: In some cases, probation might be applied, adding strict supervision and restrictions.

Long-Term Effects:

  • Sex Offender Registration: A conviction typically requires registration as a sex offender. This registration includes the offender’s name and category of offense. It can be lifelong and might affect the offender’s housing and travel opportunities. 
  • Employment Issues: Finding and maintaining employment becomes difficult when potential employers run background checks and see a sex crime conviction.
  • Social Stigma: The social stigma from a conviction can lead to isolation. Relationships with family and friends can be damaged, leading to a lack of support.

Common Defenses Against Sexual Battery Charges

Consent is a major defense in sexual battery cases. If we can show that the alleged victim consented to the act, it could potentially lead to a dismissal of charges. Evidence such as text messages, emails, or eyewitness testimonies may support this defense.

In some situations, mistaken identity might be a valid defense. Someone else might have committed the crime, and the accused was wrongly identified. Witness statements, surveillance footage, and alibis are crucial in proving mistaken identity.

False accusations are another common defense. Sometimes, people make false claims out of jealousy, anger, or revenge. As attorneys, we need to gather evidence showing inconsistencies in the accuser’s story or any motive for lying. Character witnesses and documentary evidence can be helpful.

Witness testimony can be a game-changer in these cases. Witnesses who can vouch for the accused’s whereabouts or contradict the accuser’s story add weight to the defense. Expert witnesses can also testify about the unreliability of certain types of evidence.

It is essential to understand how sexual acts are defined in Maryland law. Actions like penetration with any object for sexual gratification can be considered a sexual offense, but penetration for medical reasons is excluded; more information about this is available in the following study published by AEquitas

Steps to Take If Accused of Sexual Battery

Facing an accusation of sexual battery can be overwhelming. Here are some critical steps to take immediately:

Do Not Speak to Law Enforcement

It’s in an individual’s best interest to not say anything to the police without an attorney present. Anything you say can be used against you.

Contact an Attorney

Contact an attorney as soon as possible. Having an experienced lawyer by your side can make a significant difference.

Document Everything

Consider writing down every detail you can remember about the events related to the accusation, including dates, times, locations, and any witnesses.

Gather Evidence

Collecting documents, messages, or other items that could support your side of the story is important. Your lawyer might need this to build a strong defense.

Why Choose Scrofano Law, PC for Your Defense

At Scrofano Law, PC, we believe in providing personalized attention to each client. Every case is unique, and we tailor our approach to fit your specific needs, as noted in our client reviews and testimonial page. With our knowledgeable team, we know just how to navigate these sensitive and complex cases. Our aggressive defense tactics ensure we leave no stone unturned in protecting your rights.

We understand that facing sexual battery charges can be incredibly stressful. That’s why we support you throughout the entire legal process. Confidentiality is our priority, and we are committed to maintaining your privacy at all times.

If you want to know more about how we can assist, you can contact us and schedule a consultation to discuss your case.

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Contact Our MD Criminal Defense Lawyers

Being accused of a crime can be terrifying. An imperfect justice system has placed a target on your back, and you’re left to jump through hoops while somebody else chooses your fate.

With our Maryland team on your side, you can rest assured that your future lies in good hands. Our Maryland criminal defense lawyers understand how to even the chances when it feels like it’s you against the world. Contact us today to schedule a confidential case assessment and discover how we can make justice work for you rather than against you.