|
|
Last Modified on May 25, 2026
The Free State takes sex crimes very seriously. If you’re facing charges, you should, too. You can trust your criminal defense lawyer to help you come up with an effective strategy. However, it can also help to have a clear idea of what to expect from sex crimes defense in Maryland.
What Happens When You Get Arrested for a Sex Crime?
When you’re arrested for a sex crime, your attorney can begin to assess options for your legal defense immediately. Depending on the nature of the allegations, you may be held in jail until your trial, which can make it more difficult to put together a case and create extra pressure to plead guilty. In most cases, though, the accused is offered bond.
The next step will be an indictment or preliminary hearing for a probable cause determination. In most cases, prosecutors indict before they arrest people because there are usually fairly extensive investigations into sex crime allegations.
Before your trial begins, you’ll go through the discovery process and various other pretrial activities, including plea negotiations. If you choose not to accept a plea bargain, your sex crime case will move to trial.
Your defense attorney works hard throughout the pre-trial phases to collect evidence and prepare an effective defense strategy. They may need to file pre-trial motions to suppress evidence or statements that have been obtained illegally, which can be instrumental in coming up with a strong defense.
Sex Crime Defense Strategies
The exact defense strategy your lawyer chooses will depend on the nature of the charges you are facing. Some of the most common defenses for sexual assault and rape include:
- Alibi. If you have a strong alibi for the time that the assault took place, it effectively proves your innocence. Your alibi could be supported by credible witnesses, video or audio recordings, or receipts showing that you were in another location at the time.
- Misidentification. While eyewitness testimony can be strong evidence against you in a sex crime case, it isn’t failproof. Eyewitness accounts sometimes misidentify defendants, and a good criminal defense lawyer can challenge testimony based on the unreliability of human memory or issues with lineups.
- DNA. Like eyewitness testimony, DNA can be mishandled, leading to errors in the identification of defendants. Your attorney may be able to create a reasonable doubt in your sex crime case regarding the validity of the DNA results.
- Consent. One of the most common defenses in sex crime cases is that the alleged victims actually consented to the acts. Consent must be freely given, affirmative, and both parties must have been able to leave the sexual encounter at any time for this to be a valid defense.
- False accusations. It’s rare for false allegations to come up in sex crime cases, but it does happen. Victims sometimes make up crimes out of malice or for revenge. This is most common during contentious divorces and custody disputes.
It’s important to note that there are some caveats to the consent defense. People cannot consent to sexual acts if they are:
- Under 18
- Intoxicated or impaired
- Developmentally disabled
- Mentally incapacitated
- Unconscious or asleep
- Subject to a power imbalance that made the alleged victim feel they could not refuse
You should let your attorney know if any of these circumstances apply to your situation, so they can adjust their defense strategy accordingly.
Sex Crimes in Maryland by the Numbers
As of 2024, there were 7,186 registered sex offenders in Maryland. In 2023, 2,100 people were charged with rape alone. In other words, if you’re facing charges, you’re certainly not alone. The good news is that our legal team has experience in handling these types of charges. We can help you avoid the most severe sex crime penalties and get your life back on track.
FAQs
Q: Can You Get Off the Sex Offender Registry in Maryland?
A: You can get off the sex offender registry in Maryland in some circumstances. Removal is only possible if you have the underlying conviction overturned, obtain a governor’s pardon, or petition the court for expungement after completing your mandatory registration term. Hiring a Maryland sex crime attorney to help you with the process can improve your chances of getting off the registry.
Q: Is Maryland a Second-Chance State for Sex Crimes?
A: Maryland is a second-chance state for some sex crimes. The state recently passed the Expungement Reform Act of 2025 and Second Look Act, which, along with the 2015 Maryland Second Chance Act, allow certain criminal records to be expunged, removing barriers to both housing and employment. You can ask your lawyer whether your conviction is eligible for expungement under Maryland’s laws.
Q: What Things Can a Sex Offender Not Do in Maryland?
A: In Maryland, a sex offender cannot enter the grounds of elementary schools, secondary schools, or childcare facilities. They can’t attend public schools, face limitations on jobs involving contact with children, and must comply with strict sex offender database registration requirements, which can last 15 years to life. In some cases, you can petition for removal from the database.
Q: What Is a Tier 3 Sex Offender in Maryland?
A: A tier 3 sex offender in Maryland is someone who represents the highest risk of recidivism. Tier 3 sex offenders must undergo lifetime registration in the sex offender database and provide updates every three months. Crimes that can get someone labeled a tier 3 sex offender include rape, kidnapping, and the sexual abuse of a minor.
Hire a Sex Crime Lawyer
If you’ve been accused of committing any type of sex crime, it’s essential that you have a skilled lawyer on your team to help you come up with an effective defense against the charges you are facing. It’s time to hire a sex crime lawyer.
You can trust the team here at the Law Offices of Todd K. Mohink, PA, to help. We have been defending clients against serious criminal charges, including sex crimes, for years. In that time, we’ve established a reputation for providing aggressive representation. We can defend you against any type of sex crime allegations. Contact us to schedule an initial consultation today.
