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Is being intoxicated a defense against a sex crime allegation?

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Rarely can you use the defense of excessive intoxication against any type of sex crime allegation. The vast majority of intoxication defenses are for voluntary intoxication, where you took drugs or drank alcohol of your own accord.

The standards for a defense of voluntary intoxication are very high in Maine:

You’d have to show that you were so intoxicated that you could not have formed an intent to commit the crime you have been accused of committing. Worse, signs that your accuser was intoxicated can actually hurt you. If the accuser was intoxicated, it cuts against your defense that they consented to the sexual act.

Furthermore, Gross Sexual Assault doesn’t require the traditional “State of Mind” as an element. Rather, the various sub-categories of Gross Sexual Assault have different elements such as “impairing the person’s ability to consent with drugs or alcohol”, “submission to the sexual act as a result of compulsion” and other qualifiers where voluntary intoxication is irrelevant.

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If you are facing criminal charges in Maine, the attorneys at The Maine Criminal Defense Group are here to help. Call our office to speak with
one of our team members, who will discuss your case with you and set up a consultation with one of our attorneys

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