Gross sexual assault is a particularly serious sex crime that involves engaging in a sexual act with another person, regardless of their age.
However, if the person is under the age of 18 (not the offender’s spouse), in some instances it won’t matter if the defendant had sex against their will or with their consent (remember, the law in Maine doesn’t allow minors under the age of 16 to consent to a sexual act).
A charge of gross sexual assault may apply in the following scenarios:
- The offender uses drugs or intoxicants
- The offender uses threats of force or actual physical force to compel the victim to engage in a sexual act
- The victim is mentally disabled
- The victim is unconscious
- The offender has supervisory or disciplinary authority over the victim
- The victim is a student enrolled in a school whether the offender is an employee
- The victim is attending a children’s home, child care facility or other child’s institution where the offender is an employee
- The offender is a parent, stepparent, foster parent, guardian, or another similar person
- The offender is the victim’s psychiatrist, psychologist, or a licensed social worker
- The victim is under official supervision as a probationer or a parolee or a prisoner on supervised community confinement
Penalties for gross sexual assault against minors can carry consequences that include up to 30 years in prison and up to a $50,000 fine.