2017 Maryland Code
Criminal Law
Title 3 - Other Crimes Against the Person
Subtitle 3 - Sexual Crimes
§ 3-318. Rape and spousal offense -- Spousal defense

  • (a) In general. -- Except as provided in subsections (b) and (c) of this section, a person may not be prosecuted under § 3-303, § 3-304, § 3-307, or § 3-308 of this subtitle for a crime against a victim who was the person's legal spouse at the time of the alleged rape or sexual offense.
  • (b) Separation or use of force. -- A person may be prosecuted under § 3-303(a), § 3-304(a)(1), or § 3-307(a)(1) of this subtitle for a crime against the person's legal spouse if:
    • (1) at the time of the alleged crime the person and the person's legal spouse have lived apart, without cohabitation and without interruption:
      • (i) under a written separation agreement executed by the person and the spouse; or
      • (ii) for at least 3 months immediately before the alleged rape or sexual offense; or
    • (2) the person in committing the crime uses force or threat of force and the act is without the consent of the spouse.
  • (c) Limited divorce. -- A person may be prosecuted under § 3-303, § 3-304, § 3-307, or § 3-308 of this subtitle for a crime against the person's legal spouse if at the time of the alleged crime the person and the spouse live apart, without cohabitation and without interruption, under a decree of limited divorce.
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