Tansin A. Darcos (TDARCOS) wrote:

I discovered something interesting which I think is a quirk in the rules here in Maryland. Apparently, if I'm reading the statute correctly, having sex with someone without their consent requires some form of force or threat of force to be a crime. § 3-303 of Maryland's criminal code defines Rape 1 as vaginal intercourse with another by force or threat of force and without consent while using a dangerous weapon. § 3-304 defines Rape 2 as vaginal intercourse with another by force or threat of force and without consent. The odd thing is that the law here in Maryland does not seem to make having sex - vaginal intercourse - with someone without their consent but not using force as a crime. My guess is that getting on top of her probably constitutes the "force" and that's how they'd charge the crime.