False Sex Crime Accusations in Maine: What Should You Do?
An individual falsely accused of a sex crime in Maine may suffer many of the same indignities, personal problems, and legal issues as convicted sex offenders.
Mere accusations can be enough to taint reputations, break relationships, and cause employment issues for innocent defendants in sex crime cases. Even more seriously, the failure to successfully defend the accusations can result in lengthy prison terms and hefty fines.
The steps taken after sex crime accusations are made are crucial to one’s reputation and freedoms, so let’s cover what you need to know from a legal standpoint.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI/DUI & criminal defense attorneys, serving Maine, today.
Table of Contents
False sex crime accusations are common
Up to 10 percent of sex crime accusations reported to authorities in the U.S. are determined to be false after investigation. That is to say, the evidence shows that no crime occurred or the allegation was fabricated.
Given the potential for serious harm to be caused to innocent defendants’ lives, it surprises many people how common false accusations are.
Why do people make false sex crime accusations?
Often, the individual who makes the false claim is close to the defendant and makes the accusations as a form of personal revenge out of anger or hurt over perceived wrongdoing.
The accuser could be a co-parent, estranged spouse in a legal dispute, ex-partner, employee, or even a teenage child aiming to get back at a parent or teacher. Sometimes, aggrieved individuals make false claims due to misguided advice from others.
Claims may involve anything from relatively minor crimes, such as indecent exposure, to serious sexual assault or abuse.
Regardless of the motive for the accusation, credible sex crime claims will be investigated by law enforcement, leading to severe disruption in the defendant’s life, even if the claims are patently false.
A knowledgeable criminal defense attorney can investigate claims, uncover the motive, and rigorously defend the accusations.
False sex crime accusations can damage more than reputations
A person’s reputational damage is often the most immediate outcome of false sex crime allegations. Even though a defendant is not guilty until guilt is proven in a court of law, the “court of public opinion” often assumes that people accused of a crime must be guilty.
So, even false sex crime claims can badly tarnish reputations, cause severe relationship problems in families, and lead to employment issues. Tough emotional, mental, and practical challenges are often faced by the accused. These issues can deepen if the defendant does not take the accusations seriously, says the wrong things to law enforcement, or fails to take reliable legal advice.
As we shall see in the next section, the potential penalties for sex crimes are severe. Without proper legal representation, even those wrongly accused can face long prison sentences and other life-long consequences.
Penalties for sex crimes in Maine
Sex crimes vary from relatively minor offenses to serious assaults. Most accusations are treated seriously by investigators in law enforcement.
A wide range of penalties applies to sex offenses, depending on the severity of the crime. Lengthy prison sentences, substantial fines, probation, and mandatory registration as a sex offender apply to many offenses.
When sentencing, a judge will consider the following factors, amongst others:
- The age of the accuser and the defendant
- The relationship between the defendant and the complainant
- The location of the incident (near a school may incur harsher penalties)
- Whether a weapon was used
- Any history of sexual offenses
- Other aggravating circumstances, such as whether drugs were used
For the most serious Class A crimes or felonies, such as aggravated gross sexual assault, defendants face the following penalties in Maine:
- Up to 30 years in prison
- A fine of up to $50,000
- Registration as a sex offender for life
For a Class B Crime, such as gross sexual assault, offenders face:
- Up to 10 years in prison
- A fine of up to $20,000
- Registration as a sex offender for at least 10 years
For a Class C Crime, such as gross sexual assault based on the relationship between the parties, offenders face:
- Up to 5 years in prison
- A fine of up to $5,000
- Registration as a sex offender for at least 10 years
For a Class D Crime (misdemeanor), such as unlawful sexual touching, offenders face:
- Up to one year in jail
- A fine of up to $2,000
- Registration as a sex offender
For a Class E Crime (misdemeanor), such as sexual misconduct, offenders face:
- Up to six months in jail
- A fine of up to $1,000
- Registration as a sex offender
What happens after you are charged with a sex crime in Maine
How a criminal defense attorney will prove innocence if falsely accused of a sex crime in Maine
Anyone falsely accused of a sex crime in Maine should urgently seek legal assistance from an experienced criminal defense attorney to prove their innocence. Depending on the precise nature of the accusations, we will usually prove innocence with one of the following defenses:
Alibi
We may be able to prove that you were not present in the location when the alleged offense took place, supported by evidence such as witness testimony, surveillance footage, receipts, etc.
Consent
In some cases, there is no dispute that sexual activity occurred but the defense argues that it was consensual, i.e., both parties agreed to the contact knowingly and voluntarily, without coercion.
False accusation
If the allegations are entirely false, the defense may focus on proving a motive, such as an accuser’s personal vendetta, custody battle, or mental health issues.
Mistaken identity
In some sex crime cases, the accused can assert that they were incorrectly identified as the perpetrator—with poor quality video footage or the unreliability of eyewitness testimony supporting this defense.
Mental incapacity or intoxication
Establishing the accused’s mental incapacity or intoxication does not automatically absolve them of a sex crime in Maine. However, in certain cases, this defense may still be argued, though it is regarded as a difficult defense for attorneys to successfully present.
What not to do if you’re falsely accused of a sex crime in Maine
In matters involving allegations of sexual criminality, what a defendant does not say or do can be as important as what he/she does say or do.
Firstly, do not try to confront your accuser directly or indirectly, as this can escalate the issue and count against you during the investigation.
Saying too much to a criminal investigator without legal advice is also a big mistake—even if you know you’re innocent. Trying to defend yourself anywhere but in court will not help your case, as investigators are often under pressure to bring charges and prosecutors to seek a conviction. Your words, when under investigation or being interviewed or interrogated, can count against you and harm your defense.
It’s best to calmly identify yourself but politely refuse to answer any questions without first talking to a criminal defense lawyer.
Similarly, do not discuss your case with anyone but your criminal defense attorney, as others may not have your best interests at heart or may “leak” information unintentionally.
For experienced legal help with any criminal matter, call The Maine Criminal Defense Group for an initial case evaluation.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI/DUI & criminal defense attorneys, serving Maine, today.
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