Sex crime allegations are treated very seriously by law enforcement and the Maine judicial system in general.
While several potentially strong defenses may be available against a sex crime charge, intoxication is rarely one of them. For voluntary intoxication, where you consumed drugs or alcohol of your own volition, the standards are set very high in Maine.
Ultimately, success with a voluntary intoxication defense is extremely challenging and is successful only in certain limited circumstances. If you were planning to use this defense for a sex crime allegation, it’s important to understand when it can and can’t be used, and what its main limitations are.
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Why voluntary intoxication is rarely used to defend sex crime allegations
To convict a person of a sex crime in Maine, the prosecution needs to prove:
- The identity of the accused.
- Jurisdiction and venue.
- A specific unlawful sexual act occurred (no consent from the victim).
- The requisite culpable state of mind (a “guilty mind” or “mens rea”).
The fourth element is essential to understand, as it is central to many criminal cases. The criminal justice system in the US makes a point of focusing more on criminal acts that were intentional than on those that were accidental.
Intoxication and the “guilty mind”
Drugs or alcohol alter your state of mind, making it more difficult for you to create an intention or to knowingly do something. In other words, you’re less able to make decisions or appreciate the consequences of your actions after drinking heavily or taking drugs.
Is it a viable defense against a sex crime allegation, though? The answer is “sometimes, but only in limited circumstances”.
Maine recognizes four different levels of the “guilty mind” or mens rea. A person can act:
- Intentionally
- Knowingly
- Recklessly, or
- With criminal negligence.
Different crimes require different mental states. For example, murder requires intentional or knowing actions, while manslaughter requires only reckless or negligent actions.
If you took alcohol or drugs of your own free will and the prosecution can prove the other elements of a sex crime, a successful defense would need to prove that you were so intoxicated that you could not have formed the requisite intent to commit the crime you’re accused of. That’s no simple matter.
Simply showing that you were acting under the influence is not sufficient if you’ve been charged with a crime that requires intent or knowledge of what you were doing. It doesn’t excuse the act outright — the prosecution still bears the burden of proving you were able to form the necessary mens rea (the mental state behind your action) beyond a reasonable doubt, and evidence of intoxication is simply one factor that can make that harder to prove.”
Does intoxication impact the victim’s ability to consent?
Signs that your accuser was intoxicated can actually hurt your case. If the accuser was intoxicated by voluntarily consuming alcohol or drugs, it cuts against a defense that the act was consensual (another form of sex crime defense in Maine).
The alleged victim’s intoxication often features in prosecutors’ arguments as evidence that the victim suffered a high degree of intoxication that rendered them unable to understand the situation and give valid consent or to resist a sexual act that they otherwise would not agree to.
Furthermore, if a person is accused of engaging in a sexual act with the alleged victim after substantially impairing that person’s power to appraise or control the act by furnishing, administering, or employing drugs or intoxicants, the accused may face a charge of gross sexual assault.
Can intoxication be used as a defense for gross sexual assault in Maine?
Sex crime cases in Maine range from lower-level offenses, such as certain instances of unlawful sexual contact (17-A M.R.S. § 255-A), to Class A crimes (major felonies) like gross sexual assault, which involve force, the use of a weapon, or victims under a certain age.
Gross sexual assault, under 17-A M.R.S. § 253, is punishable by up to 30 years in prison and can even lead to a lifelong term.
In Maine, the prosecution is always required to prove a culpable state of mind (mens rea) for any criminal conviction. However, for general intent offenses like gross sexual assault, the law effectively creates a “shortcut” that makes voluntary intoxication irrelevant as a defense.
Ultimately, then, whether voluntary intoxication (getting drunk or high by choice) can be used as a defense to sex crimes in Maine depends on the severity of the offense.
If you are accused of, or charged with, a sex crime, several other valid defenses may be available, including mistaken identity, an honest but mistaken belief in consent, unreliable testimony, or unlawfully obtained evidence. These should be discussed with an experienced criminal defense lawyer at the earliest opportunity.
For experienced legal help with any criminal matter, call The Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.
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