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Sexual assault can be defined as any type of “assault of a sexual nature on another person, or any sexual act committed without consent”.
This could include a wide variety of inappropriate contact, as it covers some of the most severe types of offenses, in addition to the most minor.
It is also the most commonly prosecuted type of sex crime, since many types of sex crime fall under this broad category of criminal offense. Unlawful acts that may be included under the charge of sexual assault include:
These acts, all of which include inappropriate sexual conduct of some form, are punishable under the law.
Even instances of forcefully kissing another or inappropriately groping someone without their consent can be defined as a sexual assault-and can, therefore, be punished through the means of the legal system.
The use of manipulation, coercion, or verbal and/or physical threats in order to engage in sexual acts is also considered sexual assault.
Read More → Statute of limitations for Sexual Assault in Maine
Gross sexual assault is a term that is used to define a range of unlawful sexual acts.
It can include anything from engaging in sexual acts with a person that is mentally disabled-who is therefore unable to consent or object, to engaging in sexual acts with a person that has not yet reached the age of consent-which is 16 in the state of Maine.
Depending on the type of assault that was committed, one might be charged with a serious classification of crime.
In some instances, a conviction of gross sexual assault is a class A felony and is punishable by up to 30 years in prison and a $50,000 fine-not to mention the consequences of being labeled a “sex offender” for the duration of an individual’s life.
If you have been accused of sexual assault, contact our sex crime attorney’s in Maine today. Let us defend you against accusations.
Maine law categorizes a wide range of offenses as sexual assault crimes.
These crimes cover sharply disparate behaviors, including the most serious offenses – rape or forced penetration, child molestation, etc. – to the least serious offenses (child enticement, non-violent harassment or stalking, etc.).
Also, within each offense itself there is variation in the level of severity and consequently the possible punishments which can follow.
Yes, certain crimes are actually defined by the age difference between the perpetrator and the victim, or certain crimes are exacerbated by a large enough age difference.
For example, the crime of “unlawful sexual contact” is defined as sexual touching involving a victim under the age of 14 when the perpetrator is minimally 3 years older, but it’s also defined as sexual touching involving a victim between 14 to 15 years of age and a perpetrator who is minimally 10 years older.
The crime of sexual abuse of a minor is exacerbated whenever the perpetrator is 10 years older than the victim (or more). We see this same pattern with other sexual assault crimes, and we see it in other jurisdictions as well. In Gross Sexual Assault cases, the age of the victim can be a significant aggravating factor that can set the floor of a sentence at 20 years in prison!!!
Yes, Maine has a crime which specifically refers to instances in which a perpetrator attempts to commit a sexual assault against a victim but is unsuccessful. This crime is called “child enticement” in Maine, and it occurs when a perpetrator makes a clear attempt to lure a child (under the age of 14) for the purposes of sexual misconduct. Although the perpetrator isn’t able to engage in the sexual misconduct, the attempt itself is considered a criminal act and can be prosecuted as such in Maine.
Simply because an allegation of sexual assault takes place doesn’t mean that a conviction will result in all cases. There can be many viable defenses to an allegation of sexual assault.
When it comes to potential defenses, the viability of any given defense obviously depends on the specific circumstances. With that said, we can identify several defenses which tend to be raised more often than others.
Mistake of fact is among the most common defenses; this is just a simple defense which says “the identity is mistaken” – the crime happened, but the perpetrator has been incorrectly identified – or “the crime never happened at all.” A mistake of fact defense depends on things such as the reliability of witnesses, the value or significance of the available evidence, and so forth.
The “Romeo & Juliet” defense is another commonly used defense in Maine. Basically, this is a defense to the crime of sexual abuse of a minor, and holds that a person cannot be convicted of such a crime if he or she isn’t more than 5 years older than the victim. The law is written in this way in order to protect young offenders engaging in consensual sexual activity with their dating partner.
Another common defense is the “mistake of age” defense. In Maine, a defendant has the ability to claim that he or she had a reasonable belief regarding the age of an alleged victim. Hence, if a defendant had a reasonable basis on which to believe that another person was at the age of consent, then that defendant may be able to overcome a charge of sexual assault where the victim’s age is one of the elements of the crime. Maine is unlike most jurisdictions throughout the country in this way, as most jurisdictions today don’t allow for this type of defense.
In the State of Maine, the “age of consent” – that is, the age at which a person is capable of giving consent for sexual activity – is 16, which means that, as a general matter, any sexual activity with a person below this age is considered “statutory rape” by default. However, Maine has a complex system of laws which address various factual scenarios, and so statutory rape is actually several distinct crimes which have their own definition. So, there is gross sexual assault, sexual abuse of a minor, unlawful sexual contact, unlawful sexual touching and child enticement. There are also more severe variations of these same crimes – so, for instance aggravated sexual assault when the crime is committed in a certain way.
Yes, generally, the fact that both the alleged perpetrator and victim were intoxicated isn’t a defense to sexual assault. The only way in which this might be a successful defense is if the defendant can prove that he or she was intoxicated such that the underlying offense would’ve been impossible. In other words, if the alleged perpetrator can show that the level of intoxication undermines the validity of the crime itself, then it might be a successful defense. But, in most cases this isn’t a viable defense for the alleged perpetrator. In point of fact, if the alleged victim were known to be under the influence of alcohol or another substance, that alone could damage a defendant’s case because the intoxication diminishes the victim’s ability to give proper consent.
If someone is convicted of a sex offense in Maine, that person may be required to register as a sex offender depending on the specific nature of the crime. If registration is a requirement for a given individual, the burden is on that individual to take the initiative and start the registration process. The court or other jail personnel will not take the initiative and provide forms, instructions or other information. However, if someone makes a specific query, the court will let an offender know if he or she does in fact have to register as an offender.
The registration process simply involves giving certain information to the State Bureau of Identification (SBI) and the local police department in which the offender resides (or previously resided). This registration must be periodically renewed, but an offender also must inform the SBI about any pertinent updates, such as a relocation, change of employment, and so forth.
The amount of data needed to register as a sex offender is fairly substantial in the State of Maine. In addition to essential personal information – full name and aliases, date of birth, etc. – the offender also needs to submit fingerprint samples, details regarding mental health status, details regarding the underlying conviction, a recent photograph, and addresses where the offender intends to live and work in the future. All this information is kept recorded by the SBI.
The State of Maine has a “verification process” which it uses to ensure that the information gathered from offenders is accurate. Basically, all offenders go through the verification process, and the verification procedure itself is the same for every offender; but, the frequency of the process varies depending on which “tier” the offender falls into.
The penalties for failing to register, and for failing to properly complete the verification process, can be quite severe, as the State of Maine considers maintaining an accurate sex offender registry to be a top priority. An accurate sex offender registry has consequences which can deeply affect communities and residents throughout the entire state, and so the matter is taken seriously. Expectedly, the penalties for violations are different for first offenses and repeat offenses. A first offense is treated as a Class D misdemeanor and carries a possible sentence of up to 364 days in jail and a fine of $2,000 (maximum). A second offense is treated as a Class C felony and is punishable with a jail sentence of up to 5 years in prison and up to $5,000 in fines. Finally, a third offense is classified as a Class B felony and is punishable with a sentence of 10 years and a monetary penalty of up to $20,000.
Intoxication is generally no defense against a Maine sexual assault charge unless you prove you were so intoxicated that you could not have committed the alleged act. If your partner was intoxicated, that could work against you by indicating that he/she could not have consented to sexual acts, especially if you provided the intoxicants.
Yes. Under certain circumstances where the conduct meets the definition. Such as if you forced yourself on the prostitute by insisting on engaging in acts that he or she objected to would be an example. Another example would be if the prostitute was under 18, even though the age of consent in Maine is only 16.
In fact, Maine authorities are becoming more aggressive than ever before in prosecuting both “johns” and pimps. Paying a prostitute for sex, without more, does not constitute a sexual assault. However, soliciting a prostitute, while not a sexual assault, is a crime where Maine authorities are seeking jail time.
Not necessarily. It is the prosecutor, not the accuser, whose job it is to press charges, and the accuser cannot compel the prosecutor to drop charges. Nevertheless, charges might still be dropped if the accuser refuses to cooperate with the prosecution and the prosecution, therefore, lacks a good case against you.
Yes, you can – and the penalties can be quite severe under certain circumstances. As a practical matter, it can be more difficult for your spouse to establish lack of consent than it would be in an ordinary rape case, especially if you lived with your spouse at the time of the incident.
Every U.S. state, including Maine, has a rape shield statute that restricts the right of a criminal defendant to introduce evidence of the complainant’s past sexual conduct. Although the law is laudable in intent, it can be used to unfairly disadvantage the defendant without the intervention of a skilled and aggressive criminal defense attorney.
Yes. The reason for this is that the standard of proof in criminal court, “beyond a reasonable doubt”, is much higher than the standard of proof that applies to a civil lawsuit. A high profile example of this discrepancy (in California) was the inconsistent verdicts in the O.J. Simpson murder and wrongful death cases.
Not necessarily. What is supposed to happen is that evidence against you will be thrown out if it arose from something you said to the police before you were advised of your rights (a confession, for example). Whether your case is dismissed depends on whether the prosecutor still has a good case against you even after this evidence is thrown out.
The exclusionary rule is a principle, based on the U.S. Constitution, that evidence against a defendant must be thrown out (suppressed) if it was obtained in violation of the defendant’s (your) constitutional rights.
As an example, the exclusionary rule might come into play if one item of evidence against you is a film of an illegal sexual act that was seized from your computer’s hard drive without a warrant or a valid exception to the warrant rule.
The criminal justice system in Maine is, of course, adversarial. It is brutally competitive, with the prosecution and the defense basically going to war against one another.
Further complicating this scenario is the arcane nature of Maine‘s rules of evidence and criminal procedures, the nuances of which can seem mystifying to those untrained in criminal defense law.
What’s more, missing a deadline or responding inadequately to a motion or request could result in wildly disproportionate negative consequences.
If you have been charged with any form of sexual assault in Maine, now is not the time to represent yourself – or to secure the services of an inexperienced defense attorney. Call our office today at (207) 571-8146 or fill in my online contact form to schedule a case consultation.
I highly recommend The Maine Criminal Defense Group. All the staff are very polite, compassionate and informative. They answered all my questions and came to the best solution for my situation. I appreciate their guidance through this tough period. Many thanks to Nathan Hitchcock, Bill Bly and the team.
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I have had the honor and privilege of working with Mr. Bly who was extremely knowledgeable and thorough and whose expertise in all legal matters was truly outstanding. Mr. Bly was kind, and helpful every step of the way. I would highly recommend Mr. Bly. There can be no attorney…
I’ve gotten to know William through numerous legal conferences and have been incredibly impressed with how serious he cares about his clients and how he is a true human who wants to take care of your future. I will always refer my clients to his firm whenever I can.
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PHENOMENAL LAWYER The Maine Criminal Defense Group is hard working, knowledgeable, and determined when working on cases. He was pleasant and helpful throughout the entire process by answering any and all questions I may have had. His diligent work on my case, personal connections in the court systems, and professionalism…
VERY HELPFUL - THANKS BILL! Bill Bly did a magnificent job collecting evidence and building leverage with the DA's office that allowed us to plead an OUI down to a lesser charge. Not only was he very knowledgeable about Maine law, but he also understood the personalities of both the…
PHD DOCTORAL CANDIDATE, WADE CHARNOCK Mr. Bly is a superb lawyer! He is without a doubt one of the finest criminal defense lawyers in the state of Maine. He handled my son's case with sincerity and professionalism, and the results, "All Charges Dismissed!" If you need a defense attorney, he…
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BOTTOM LINE RESULTS As an attorney it was clear to me that achieving a favorable disposition of an OUI charge with a difficult fact pattern would require specialized representation. Bill quickly proved this instinct correct and his nuanced and detailed understanding of and experience with the intricacies of the arrest…
MR OUT OF STATE OUI I went to Maine on a weekend vacation trip and got a little reckless. I ended up driving the wrong way on a one way street and received an oui. Now I was up against loosing my cdl, my job, and my new home I…
OUI DISMISSED Feeling helpless? Bill is the person you need to contact. Never being on the other side of the law, I contacted Bill in a panic. He sensed this and actually agreed to meet me on a Saturday. Bill was extremely personable and gave me the facts that appeared…
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HAPPY CLIENT I met with Bill back in June of this year for an OUI charge. When I met with Bill, he sat down with me and explained the entire court process and what to expect going forward. He didn't try and "sell me" on hiring him or make promises…
RECOMMENDATION Bill Bly is very professional, does his homework and he is very thorough. And his staff is the same. He and his staff returned all my phone calls and kept us abreast of the progress in our case. I highly recommend him.
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Bly- A True Professional Committed to Client Satisfaction Two years ago I was involved in a high publicity case that involved significant legal implications. This uncharacteristic life event left me overwhelmed by emotional distress and not knowing where to turn next. Through thorough research and high esteem recommendations, I contacted…
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THANK YOU FOR ALL OF YOUR EFFORTS! My OUI and criminal speeding charges brought a great deal of stress and hardship to not only myself but my entire family. Having both of the charges against me dismissed was an absolute godsend. Once dropped, it felt as though a dark cloud…
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HIGHLY RECOMMEND ATTORNEY WILLIAM BLY I am delighted to write this recommendation for Attorney William Bly. Before hiring The Maine Criminal Defense Group to represent me I had worked with another lawyer which resulted in a warrant out for my arrest. Being out of state I had to thoroughly research…
HIGHLY RECOMMEND I found myself searching the internet hoping to find an attorney who I could trust and wouldn't just tell me what I wanted to hear. I was visiting from out of state when I was charged with an OUI as well as a refusal. I contacted Mr. Bly…
THANKS FOR MAKING A DIFFERENCE IN MY SON'S LIFE Bill, Thank you very much for getting back to me. My son and I want to thank you very much for the finalizing of this hard lesson learned in life's journey. I knew from the beginning that not only are you…
SINCEREST GRATITUDE Mrs. Ann, I want to say thank you again to yourself and Bill again for OUTSTANDING work!! Please pass my regards to Bill. With sincere gratitude.
JC Recommends The Maine Criminal Defense Group I am very pleased with the representation I received from The Maine Criminal Defense Group. After having been charged with a very serious crime, his thoughtful and prudent strategy and diligent execution resulted in a better than expected outcome. The original charge was…
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DCS Recommends The Maine Criminal Defense Group Two years ago our family began living a nightmare that we could never have imagined possible. Our 18-year-old son was arrested for a serious offense he committed with a "friend." Our family was in a tailspin and we did not know where to…
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