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Rape is one of the most serious offenses in the criminal justice system. It occurs when one person forces sexual intercourse on another without the person’s consent, or against the person’s will.
In most states, sexual battery is a lesser form of the crime and typically involves touching without penetration or sodomy.
An accusation of sexual battery is dire — your reputation and freedom are on the line.
The skilled attorneys of the Maine Criminal Defense Group can devise an effective defense strategy to help you weather the storm.
Proving lack of consent is the cornerstone of any rape or sexual battery case. Any type of sexual conduct becomes criminal if sexual touch is not consented to because:
Under a certain age, such as fourteen, fifteen, or sixteen years old, minors are deemed incapable of consenting to sexual touching no matter their mental capacity to comprehend the sexual conduct or their ability to refuse. Most states define sexual contact with a minor as “statutory rape.”
Further, sex with the following people is unlawful if they do not have the mental capability to knowingly consent:
For more information on sexual battery, sexual assault and gross sexual assault in Maine, consult with a knowledgeable attorney at the Maine Criminal Defense Group as soon as possible.
A person is guilty of committing gross sexual assault in Maine if they engage in a sex act — oral or anal sex or direct genital contact — when the victim does not consent or lacks the capacity to consent.
According to Me. Rev. Stat. Ann. tit. 17-A, § § 251, 253, offenders may be charged with aggravated gross sexual assault and face increased penalties under the following circumstances:
If, during the commission of the sexual contact, the offender causes the victim injury or offensive physical conduct with the victim’s body, they may also be charged with assault.
In Maine, a sex act may be deemed gross sexual assault when:
These are only a few examples of conduct that may be considered gross sexual assault. If you are arrested for sexual battery in Maine, contact an experienced defense lawyer immediately.
In Maine, you may be charged with gross sexual assault by engaging in a sex act under the following circumstances:
If police arrest you for gross sexual assault, remain calm and silent. After booking, you will have an opportunity to call your attorney. With proper guidance, you can build a bulwark defense to safeguard your future.
In Maine, it is also considered a crime to engage in unlawful sexual conduct — genital or anal touching — with another person, if the victim has not consented, submits as a result of compulsion, or is unconscious or otherwise physically unable to resist. Further, you may be charged with unlawful sexual conduct, if the victim is under the age of 18, or you are the victim’s parent or guardian.
If the victim is under 14 years of age, and you are 3 years older, you may also be charged with this offense. Lastly, you may be charged with unlawful sexual conduct in Maine if the victim is age 14 or 15, and you are 10 years or older than them, or if you take advantage of a mentally disabled person to engage in a relationship with them when that person’s disability renders them unable to consent or understand the act.
Sexual conduct is also criminalized between a teacher older than 21 and a student younger than 18 who is enrolled in the same school or district as the teacher, and between a prisoner and jailer.
It is important to remember that you will face more serious penalties if you are accused of digital penetration.
According to Me. Rev. Stat. Ann. tit. 17-A, § 260, you are guilty of committing unlawful sexual touching when you touch another’s breasts, buttocks, or groin for a sexual purpose under any of the conditions that would result in charges for unlawful sexual conduct.
Depending on the unique charges against you, there are a number of different defenses your attorney can use. For example, if you are charged with gross sexual assault on the basis that you drugged the victim, you could argue that the defendant consumed the intoxicant voluntarily.
If you are married to the victim, you could have a legitimate marital rape defense — you and the victim are married and the act in question was consensual. Ultimately, the defense tactics you use will rely on the specific details of your case.
In Maine, gross sexual assault is a Class B crime, punishable by a maximum of 10 years’ imprisonment and up to $20,000 in fines.
Aggravated gross sexual assault is a Class A crime, punishable by a maximum of 30 years in prison and fines up to $50,000.
Gross sexual assault based on the relationship between certain individuals is a Class C crime, punishable by a maximum of five years in prison and fines of up to $5,000.
Typically, unlawful sexual conduct is a Class D crime punishable by a maximum of one year in prison and up to $2,000 in fines, so long as there is no digital penetration (if there is penetration, it becomes a Class C crime).
If there is penetration, unlawful sexual conduct by compulsion is a Class B crime and a Class C crime if no penetration occurs. In cases involving incest, or when the victim is younger than 14, unlawful sexual conduct is also penalized more harshly. If you are accused of unlawful sexual touching, you face class D crime penalties.
In the event that you are a school employee charged with sexual contact with a student in the same school or district, you may be charged with a Class E crime, penalized by up to six months in jail and up to $1,000 in fines.
Lastly, according to Me. Rev. Stat. Ann. tit. 34-A, § § 11273, 11282, 11285, under Maine’s latest iteration of the sex offender registration law, some (not all) individuals who are convicted of gross sexual assault and unlawful sexual contact must register as sex offenders for a minimum of 10 years.
The Maine Criminal Defense Group fights doggedly to protect the rights of all those wrongfully charged with sex-related crimes.
We understand how troubling an accusation of sexual assault, sexual battery or gross sexual assault can be on you and your family.
To schedule a free consultation to discuss your case with a skilled defense lawyer, call (207) 571-8146 or contact us online today. Let our experienced legal team work aggressively to protect your rights and freedom.
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.
Mr. Bill Bly and his team have been nothing short of phenomenal. They resolved my case with breakneck expertise. Would have liked to thank them in person. I am so thankful and fortunate I chose their firm. Highly recommend Bill Bly and the Maine Criminal Defense Group.
Bill Bly did an excellent job of listening and addressing our concerns. He answered all of our questions in a timely manner and got results. I highly recommend his services!!!
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.
This is THE premier criminal defense firm in Maine! If any family member or friend of mine needed representation in Maine, I would have them call the Maine Criminal Defense Group! Lawyer Bill Bly and his associates are awesome. Plus Bill Bly trained at Gerry Spence’s Trial Lawyers College. That…
Changed My Opinion on Lawyers I called Bill and had a consultation. He listened intently to my case and laid out our pathway. He was straight forward, real and didn't toss me a bunch of crap. I fully expected him to fluff up the case and try to convince me…
THANK YOU FOR THE EXCELLENT WORK DONE ON MY CLIENT'S BEHALF Thank you very much for the excellent work performed on behalf of my client on her Maine criminal case. I appreciate the attentive service, the quality of the work and the reasonableness of your fees. As you know, part…
THANK YOU ATTORNEY BLY! I WOULD TRUST ATTY BLY W/ MY LIFE ... IN FACT, I DID! There is very little in this world that scares me more than the jail cell bars being locked and knowing that I am trapped behind bars in prison. However, after a "Hit &…
5 STARS FOR BILL BLY AND STAFF While on vacation in Maine, I was arrested for OUI. Prior to this happening to me, I had never been in trouble with the law before and was completely overwhelmed and embarrassed by the situation. Coming from a world away in California, I…
PITBULL If you are looking for the best DUI lawyer around its Bill Bly!! A++ service and he turned a .20 DUI into vanishing air. Thanks again Bill!! You are the man!! Thanks for fighting for my rights!!
HIRE BILL BLY! YOU WON'T REGRET IT. My experience working with Mr. Bly has been a great experience. Never having to wait for an answer is HUGE when dealing with difficult situations. Gets back within the day if not within the hour. I would highly recommend this law firm. Give…
RECOMMEND YOU TO ANYONE I want to thank you for all your help. I was in a bad place when I first came to you. You really helped me through a terrible time. I would definitely recommend you to anyone that needs help. I just wanted to say thank you…
WON'T HESITATE TO REFER YOU Thank you for everything you did for my son. He and I both appreciate the hard work that you put into this case. He has been able to turn his life around now this is behind him. I know that you are paid to do…
ABOVE AND BEYOND OUR EXPECTATIONS I want to thank you for everything you have done for my family. You have gone above & beyond our expectations and you are to be commended for such a solid, compelling case. You are a great attorney and an even greater person. We have…
CAN'T THANK YOU ENOUGH Thank you for all your help with my OUI. When we first met I was resigned to the “fact” that I was going to be convicted of an OUI and would lose my military career over it. I must say that I was quite surprised, shocked…
WILLINGNESS TO ASSIST IN A TIME OF NEED Thank you for all your help concerning my case. As a veteran returning from overseas service, your willingness to assist me in a time of need and when I wasn’t in a position to pay for an attorney is greatly appreciated. You…
IN TROUBLE WITH THE LAW? If you ever find yourself caught up in the legal system. The Maine Criminal Defense Group and his staff are the ones you want to have on your side. This man will fight hard for your rights and do everything he can to make your…
I RECOMMEND WILLIAM BLY We're glad we chose Bill for our legal needs. We found Bill to be knowledgeable, clear, and diligent. He actively managed my case and the overall outcome was the best that we could have hoped for. We would recommend Bill to others in a similar situation…
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…
HIRE MR. BLY. YOU WON'T REGRET IT! I retained Mr. Bly over a year ago. I was charged with OUI and having a minor in the car. Mr. Bly was able to arrange a plea to a Driving to Endanger with no jail time and only a 30 day license…
I VERY MUCH RECOMMEND MR. BLY I was lucky to have contacted Mr. Bly in a matter that unfairly could have changed my life. He was very open, concerned, and committed to helping me. He answered every call promptly, never lost interest in my case, and went out of his…
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…
Definitely Recommend My fiancé and I were visiting Kennebunk over the summer when I was stopped and arrested for OUI. I couldn't believe that this was happening. Once I got over the shock and humiliation of the arrest, my fiancé and I began searching for an attorney in southern Maine.…
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.
THANK YOU MR. BLY Mr. Bly assisted me with a case where I was charged with assaulting my girlfriend and my brother as well as some other people. After reading the police reports, I felt that the case was hopeless. Mr. Bly negotiated and outcome that prevented me from a…
THANKS FOR YOUR EXCELLENT WORK Attorney Bly defended me on charges of theft and secured a not guilty after trial. Thank you for all of your hard work.
LEGAL NIGHTMARE SOLVED THANKS TO BILL BLY I was in a legal nightmare, after being arrested for an Operating Under the Influence, OUI in the great State of Maine. I was previously classified as a habitual offender in another state, so this was not my first charge concerning this particular…
VERY DEDICATED ATTORNEY Bill was very dedicated to my issue and worked with me to get me the best possible outcome. Bill and his law office kept me well informed on developments on the situation and was very upfront with me, gaining my trust and confidence in his skills helping…
JOB WELL DONE First and for most I'd like to thank you very much for sorting out the snowmobile OUI bs for me. The outcome could not have been more desirable and the process with you couldn't have been better. On a professional note I give an A+ and will…
Thank you for a job well done Attorney Bly handled a sensitive domestic violence charge for me in a VERY favorable fashion. Ultimately, he got the charges thrown out. I'm grateful to him and his staff for all their hard work. Ann is especially helpful and was always available to…
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…
WILLIAM BLY WON'T LET YOU DOWN! I will with out hesitation recommend Bill to anyone !!! He fought diligently for a year to ensure me the best results possible and to avoid trial. In the end Bill saved me my career and kept me out of jail. There is really…
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…
PROFESSIONAL, HONEST, AND QUICK TO REPLY Working with Attorney Bly was a pleasure - given the circumstances. He acknowledged my novelty to the courtroom and was sensitive to my case by guiding me through the process, step by step. Especially when I seemed overwhelmed and confused, anxious and uneasy, Bill…
SUPPORTIVE AND RESOURCEFUL It was an absolute pleasure to work with The Maine Criminal Defense Group. At the eleventh hour, I contacted him for help with a legal matter. What I originally thought would be a quick and easy case, turned into a more challenging matter. Nonetheless, given his knowledge…
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…
TIRELESS AND KNOWLEDGEABLE Bill Bly saved my career in the Navy. He worked on my case for almost six months before he was able to negotiate a positive outcome. His persistence and efforts with the DA were the only things that kept my case from going to trial. He was…
Without a doubt, choose Mr. Bly! When I was charged with an OUI, I felt that everything that I worked for went down the drain. I knew the consequences of an OUI, and it weighed heavy on my conscious. An OUI for a Naval Officer is a career killer. Having…
Given Me the Gift of Time Thank you for everything. You've given me the gift of time and I can't thank you enough for that.
Dismissal of Driving on Suspended - Please read if you are unsure if W. Bly is the right attorney! After looking at reviews online and a brief conversation with Mr. Bly, I decided to retain him. I was charged with Driving on an out of State VA Drivers license. On…
Saved my career and preserved my future! Bill, thank you so much for your excellent legal representation these last few months. You gave me straight and concise answers throughout the entire process and I can't thank you enough for helping me keep my career in the U.S. Navy. Ann Dickey…
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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