Edgewater, MD asked in Criminal Law for Maryland

Q: So, in Maryland, if a 10 year old is raped by a person 3 1/2 years older than her, that's not considered a crime?

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2 Lawyer Answers

A: Rape and sexual assault are always crimes regardless of age. Consensual sex involving a minor under 16 years of age is only rape or a sexual offense if the older participant is 4 years or more older than the minor. Consensual sex between minors within 4 years of age is not rape or a sexual offense. If there is evidence that the younger child was coerced or manipulated sufficient to negate her consent, then a crime can be charged.

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A: Are you serious?

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