A Leonardtown man has been sentenced to 13 years in jail after having been found guilty of second-degree rape. Prince George’s County Judge Vincent Femia, sitting in St. Mary’s County Circuit Court, found 24 year old Michael Carl Thomas, Jr. guilty of the rape charge after hearing the case on Monday. Judge Femia sentenced Thomas on Tuesday.
Thomas was also found guilty of two third-degree sexual offense charges but was acquitted of a third charge. He was sentenced to one year in jail for each of those offenses, but the sentences were to run concurrent with the 13 year jail term.
Thomas was charged last year in connection with incidents that allegedly occurred in 2010 in which he is charged with having sexual relations with two girls, aged 12 and 14 at the time.
In court documents, Thomas denied the charges and claimed that four minors levied charges against him in retaliation for his having had an affair with the mother of one of the girls.
Thomas was represented by attorney Thomas Pyles of Waldorf.
Second-degree rape is defined as follows in Maryland law:
a) Prohibited.- A person may not engage in vaginal intercourse with another:
(1) by force, or the threat of force, without the consent of the other;
(2) if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or
(3) if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim.
(b) Age considerations.- A person 18 years of age or older may not violate subsection (a)(1) or (2) of this section involving a child under the age of 13 years.
(c) Penalty.-
(1) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment not exceeding 20 years.
(2) (i) Subject to subparagraph (iii) of this paragraph, a person 18 years of age or older who violates subsection (b) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment for not less than 5 years and not exceeding 20 years.
(ii) A court may not suspend any part of the mandatory minimum sentence of 5 years.
(iii) If the State fails to comply with subsection (d) of this section, the mandatory minimum shall not apply.
(d) Required notice.- If the State intends to seek a sentence of imprisonment for not less than 5 years under subsection (c)(2) of this section, the State shall notify the person in writing of the State’s intention at least 30 days before trial.
(1) by force, or the threat of force, without the consent of the other;
(2) if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or
(3) if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim.
(b) Age considerations.- A person 18 years of age or older may not violate subsection (a)(1) or (2) of this section involving a child under the age of 13 years.
(c) Penalty.-
(1) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment not exceeding 20 years.
(2) (i) Subject to subparagraph (iii) of this paragraph, a person 18 years of age or older who violates subsection (b) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment for not less than 5 years and not exceeding 20 years.
(ii) A court may not suspend any part of the mandatory minimum sentence of 5 years.
(iii) If the State fails to comply with subsection (d) of this section, the mandatory minimum shall not apply.
(d) Required notice.- If the State intends to seek a sentence of imprisonment for not less than 5 years under subsection (c)(2) of this section, the State shall notify the person in writing of the State’s intention at least 30 days before trial.
