In Maryland, the age of consent is 16 years old, meaning that individuals who are younger than 16 years of age cannot legally engage in sexual activity. Those who are found in violation may face statutory rape charges and may also be held liable through a civil lawsuit. However, Maryland’s “Romeo and Juliet” law allows exceptions if the individuals are close in age, typically if the older individual is no more than 4 years older.
Exceptions to Maryland’s Age of Consent
Maryland recognizes limited exceptions often referred to as “Romeo and Juliet” provisions, which are intended to address consensual relationships between minors who are close in age. Generally, these provisions reduce or eliminate certain criminal penalties when the age gap between the individuals is small. However, these exceptions are narrow and depend heavily on the facts of the situation.
- Close in age relationships between minors who are within a few years of each other may be treated less severely under the law
- Exceptions typically apply when both individuals are teenagers and neither holds authority over the other
- The protections generally do not apply when the older person is a legal adult significantly older than the minor
- Any use of force, coercion, manipulation, or impairment eliminates the possibility of an exception
- Exceptions usually do not apply when the older individual is in a position of trust or authority, such as a teacher, coach, or caregiver
- Even when a criminal exception may apply, civil liability could still be possible depending on the circumstances
Because these provisions are fact specific and limited, individuals should not assume that a close in age relationship is automatically lawful.
Consequences For Violating Maryland’s Age of Consent Law
Violating Maryland’s age of consent laws can result in severe criminal and civil consequences.
Criminal charges: Can vary depending on the age of the minor, the age difference between the parties, and the nature of the conduct. Offenses may include various degrees of sexual offense or rape under Maryland law. Convictions can lead to significant prison sentences, mandatory registration as a sex offender, probation, and long term restrictions affecting housing, employment, and personal relationships. Charges become more serious when the minor is younger, when force or coercion is involved, or when the offender occupies a position of trust or authority.
Civil liability: Survivors of unlawful sexual activity may file a civil lawsuit seeking financial compensation for damages such as medical treatment, therapy costs, emotional distress, lost educational or career opportunities, and other harms. In some cases, institutions such as schools, youth organizations, religious institutions, or businesses may also be held accountable if their negligence allowed the abuse to occur or continue. Civil claims may be possible even if no criminal charges were filed or if the offender was not convicted.
Understanding Maryland’s age of consent laws is important for both protecting minors and recognizing legal rights. Because these cases often involve complex legal and factual issues, consulting a qualified attorney can help individuals understand how the law applies to their specific situation and what options may be available.
Get Help From A Maryland Sexual Abuse Attorney
Kayla’s Survivors is a sexual abuse law firm that provides that advocates for survivors of sexual abuse and assault. If you or a loved one has suffered from sexual abuse, assault, or misconduct in the state of Maryland, you may be eligible to pursue compensation for damages. Our Baltimore attorneys can help you better understand your legal options. When you’re ready, call or request a free case evaluation online to get help from our legal team.
We’ve helped our clients recover over $1 billion in compensation as a result of settlements and verdicts.
