Rape & Gross Sexual Assault Defense Attorneys in Maine: Protecting Your Future
Being accused of gross sexual assault in Maine is one of the most serious legal challenges a person can face.
This is the charge that now covers what Maine law once called rape, and a conviction can mean years or decades in prison, mandatory sex offender registration, and lasting damage to your reputation, career, and relationships. Often the accusation alone is enough to upend your life before a trial ever begins.
At The Maine Criminal Defense Group, we understand what is at stake and how easily a false or exaggerated allegation can threaten your future. Our attorneys have deep experience with complex sex crime cases, and we are committed to protecting your constitutional rights, including the presumption of innocence and the State’s burden to prove guilt beyond a reasonable doubt.
The sooner you involve a defense attorney, the more we can do to protect you. Early representation lets us preserve evidence, guard against statements that could be used against you, and shape your defense from the very first move
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Gross Sexual Assault in Maine
Gross sexual assault is the charge Maine uses for the most serious sexual offenses, including conduct the state once prosecuted as rape. In general, it applies when a person is accused of engaging in a sexual act with another person through force or threats, or with someone the law says cannot consent. For how this differs from lesser charges, see our page on the difference between gross sexual assault and unlawful sexual touching.
Under Maine Code §253, a person commits gross sexual assault by engaging in a sexual act with another person when, among other circumstances:
- The other person submits as a result of compulsion (force or the threat of force);
- The other person, who is not the actor’s spouse, is under 14 years of age; or
- The other person, who is not the actor’s spouse, is under 12 years of age.
Two details matter for anyone facing this charge. First, Maine defines a “sexual act” broadly, and the law allows it to be proven without any proof of penetration. Second, a child under the age of consent cannot legally agree to a sexual act, so these cases can proceed even where consent is claimed.
Situations that can lead to a gross sexual assault charge
Section 253 reaches a wide range of circumstances. Common examples include:
- Impairing someone with drugs or alcohol so they cannot control or understand the situation
- Compelling someone through threats
- A sexual act with a person whose mental disability prevents legal consent
- A sexual act with a person who is unconscious or physically unable to resist
- A sexual act with a person under the offender’s official supervision, such as a prisoner, parolee, or patient in an institution
- A sexual act with a student under the offender’s instructional, supervisory, or disciplinary authority
- A sexual act by a parent, guardian, caregiver, or other person responsible for the welfare of a minor
Penalties for Gross Sexual Assault in Maine
In Maine, gross sexual assault under 17-A §253 is a felony punishable by up to 30 years in prison and fines as high as $50,000, with the exact penalty depending on how the offense is classified as a Class A, B, or C crime.
| Felony Class | Maximum Prison | Maximum Fine | Common Examples Under §253 |
|---|---|---|---|
| Class A | Up to 30 years | Up to $50,000 | Sexual act by compulsion; act with a child under 14 |
| Class B | Up to 10 years | Up to $20,000 | Act involving incapacity, threats, or abuse of supervisory authority |
| Class C | Up to 5 years | Up to $5,000 | Offenses defined by a specific relationship, such as therapist and current patient |
- Class A: Up to 30 years in prison and a fine of up to $50,000. This is the most serious level and applies to cases involving compulsion or a child under 14.
- Class B: Up to 10 years in prison and a fine of up to $20,000. This applies to many cases involving incapacity, threats, or abuse of authority.
- Class C: Up to 5 years in prison and a fine of up to $5,000. This applies to certain offenses defined by the relationship between the parties, such as a therapist and a current patient.
Because the charged subsection drives the sentence, the exact facts of a case matter enormously. Identifying which paragraph applies, and what the State must actually prove under it, is often the first and most important step in building a defense.
Consequences of a Gross Sexual Assault Conviction in Maine
Prison time and fines are only part of what a conviction carries. The lasting consequences often reach every area of a person’s life:
- Sex offender registration. A conviction requires registration, which can be for 10 years or for life depending on the offense. Registration can restrict where you live and work and follows you long after any sentence ends.
- Probation or supervised release. Many sentences include years of supervision with strict conditions.
- Employment and licensing. A conviction can end careers and bar you from professional licenses.
- Reputation and relationships. The social stigma of a sex offense conviction can affect your family, housing, and standing in the community for years.
Any one of these consequences can reshape your life. Together, they make an early, aggressive defense essential. If you have been charged with gross sexual assault in Maine, contact The Maine Criminal Defense Group today for a confidential consultation.
How is rape defined in Maine?
Maine no longer has a crime called “rape.” The state repealed its separate rape statute (formerly Title 17-A §252), and the conduct it once covered is now prosecuted as gross sexual assault under Title 17-A §253. When people search for “rape” in Maine, this is the law that actually applies.
Under §253, a person commits gross sexual assault by engaging in a “sexual act” with another person under any of the circumstances the statute lists. Two points often surprise people. First, Maine defines a “sexual act” broadly in §251, and the law states that a sexual act can be proven without any allegation or proof of penetration. Second, as of 2023 Maine law defines consent directly: consent means a word or action that indicates a freely given agreement.
These charges do not depend on the gender of the people involved or on their relationship. Gross sexual assault can be alleged between strangers, acquaintances, relatives, or spouses. A person also does not have to say “no” for the law to treat an act as non-consensual. In some cases fear prevents a person from speaking, and in others intoxication, unconsciousness, or incapacity means the person could not consent at all.
Situations Maine charges as gross sexual assault
Rather than the informal labels used elsewhere, Maine law focuses on the specific circumstances of the act. Common examples charged under §253 include:
Force or threats (compulsion)
A sexual act where the other person submits because of physical force or the threat of force. This is charged as a Class A crime.
Incapacity
A sexual act with someone who is unconscious, physically unable to resist, or whose ability to consent was substantially impaired by drugs or intoxicants, including situations commonly described as “date rape.”
Acts involving a child
A sexual act with a person under 14 (or under 12) is a Class A crime regardless of any claimed consent, because a child cannot legally consent. Related conduct with older minors may be charged under Maine’s sexual abuse of a minor statute (§254), which includes the “Romeo and Juliet” close-in-age provision.
Abuse of authority or trust
A sexual act by someone who holds power over the other person, such as a guardian, teacher, correctional or supervisory official, caregiver for a dependent adult, therapist over a current patient, or law enforcement officer over a person in custody.
Acts within a family or household (incest-type conduct)
Depending on the relationship and the ages involved, these situations may be charged under §253 or under Maine’s separate incest statute.
Acts within a marriage. A spouse can be charged. The fact that a couple is married, or previously engaged in consensual sex, is not a defense to a non-consensual act.
Penalties for Rape of a Minor in Maine
Rape & gross sexual assault charges are very serious crimes in their own right, but rape of a minor offenses are far more severe.
Statutory rape laws declare that a minor under the age of 14 cannot give consent to sexual activity.
Under Maine Code §255, unlawful sexual contact is defined as “any person 3+ years older than a victim who engages in sexual contact with any person under 14 years old.” Offenders can be charged with a Class C crime, or a Class B crime if the act involved penetration.
The penalties of these crimes are then decided accordingly, as a Class C felony is punishable by up to 5 years in jail and a $15,000 fine, and a Class B felony is punishable by up to 10 years in jail and a $20,000 fine.
Contact Our Gross Sexual Assault Defense Attorneys for Help
A gross sexual assault charge in Maine puts your freedom and future at risk, and the steps taken in the first hours after an accusation can shape the entire case.
The sooner you involve a defense attorney, the more we can do to protect your rights, preserve evidence, and guard against mistakes that are hard to undo.
Call The Maine Criminal Defense Group directly at (207) 571-8146 or contact us online for a confidential consultation.
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