Legal Question in Criminal Law in Maryland

18 Year Old Performs Sexual Act on Passed out 22 Year old - 22 year old wakes up

While on vacation, I had been partying with my friends when several girls came over to our place. I ended up drinking a good bit of alcohol. This certain girl (22 years old) who was also quite intoxicated, and I (18 years old) both ended up in the same bed together and she passed out. Later that night while still intoxicated I performed a sexual act of dry sex or humping (no penetration of any sort). She woke up from her sleep and I apologized for being intoxicated and being out of order. She did not seem upset but I am afraid she will do something rash and might tell someone I raped her, although I did not. Is what I did technically illegal?


Asked on 6/20/04, 1:07 am

3 Answers from Attorneys
Richard S. Stolker Uptown Law, LLC

Re: 18 Year Old Performs Sexual Act on Passed out 22 Year old - 22 year old wake

Possession of alcoholic beverages by a person under the age of 21 is punishable by a fine (first offense).

Unconsented sexual touching is a criminal offense that is punishable by up to 10 years imprisonment.

You should consult an attorney if the victim files a complaint.

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Answered on 6/21/04, 2:30 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: 18 Year Old Performs Sexual Act on Passed out 22 Year old - 22 year old wake

Were either/both of you clothed? What exactly touched what?

Indecent sexual assault is indecent contact with someone either by force or if the person is unconscious/intoxicated. It is a second degree misdemeanor.

If there was any penetration whatsoever, however slight, it would besexual assault, a second degree felony. The fact that the girl was unconscious/unaware that it was occurring could take it to rape, a first degree felony.

Only knowing the facts as you've presented them, it would sound like indecent assault would be the correct crime.

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Answered on 6/20/04, 12:04 pm

Re: 18 Year Old

The question for you is not what you believed, but if she goes to the police, what should you do to prepare now. Talk to a criminal lawyer, like myself now, rather than wait to see if you are arrested.

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Answered on 6/24/04, 1:21 am


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