Sexual assault is sex crime with serious and life-altering implications, with potential penalties including imprisonment, mandatory sex offender registration, and long-term damage to your personal and professional reputation.
The legal definition of sexual assault is broad, encompassing offenses ranging from inappropriate touching to serious felony charges such as rape. Because these cases often rely on conflicting testimonies and subjective interpretations of consent, a strong legal defense is essential.
At The Maine Criminal Defense Group, we understand the complexities of sexual assault allegations and are committed to protecting your rights, challenging weak evidence, and ensuring you receive a fair defense.
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How is Sexual Assault Defined in Maine?
Under Maine law sexual assault, Title 17-A, §253, refers to a broad range of criminal offenses involving non-consensual sexual activity. These offenses vary in severity and may include charges such as unlawful sexual contact, indecent exposure, or gross sexual assault, which is Maine’s legal term for rape or other serious sexual acts committed without consent.
Sexual assault in Maine does not require physical violence. Any sexual act obtained through threats, coercion, or intimidation, whether it is physical or verbal, can qualify. The law also recognizes that certain individuals cannot legally consent to sexual activity, including minors under the age of 16, or people who are incapacitated due to mental disability, intoxication, or unconsciousness. Importantly, Maine law does not require the alleged victim to physically resist or fight back for the conduct to be considered sexual assault.
The legal definitions in these cases can be complex, and each allegation requires a careful evaluation of facts, relationships, and the nature of consent.
Types of Sexual Assault Offenses in Maine
Maine treats sexual assault as a wide category of offenses under Title 17-A, Chapter 11. It ranges from Class A felony gross sexual assault down to Class E misdemeanor indecent exposure. No matter where a charge falls on that spectrum, it carries the risk of prison time, mandatory sex offender registration, and lasting damage to your reputation.
If you’ve been accused of a sex crime in Maine, the charge will fall into one of the categories below.
Common sexual assault charges in Maine include:
- Gross Sexual Assault (17-A §253): A sexual act committed without consent, by force or threats, or against someone who cannot legally consent. Penalties range from a Class C felony up to a Class A felony, which carries up to 30 years in prison.
- Sexual Abuse of a Minor (17-A §254): Sexual activity with someone under Maine’s age of consent, which is 16. The minor’s apparent willingness is not a legal defense.
- Unlawful Sexual Contact (17-A §255-A): Unwanted sexual touching without penetration, often charged when the victim is a minor or unable to consent. Penalties range from a Class D misdemeanor to a Class A felony.
- Sexual Exploitation of a Minor (17-A §282): Using or persuading a child under 16 to engage in sexual acts for the purpose of creating pornography. A Class B felony carrying a 5-year mandatory minimum, rising to a Class A felony with a 10-year mandatory minimum if the child is under 12 or the accused has prior convictions.
- Child Enticement (17-A §259-A): Soliciting a minor, often through text or social media, with intent to commit a sexual act. A Class D crime that becomes a Class C felony when the child is under 12.
- Indecent Exposure (17-A §854): Intentionally exposing one’s genitals in public, or in a way meant to be seen, under circumstances likely to cause alarm. Usually a Class E crime, rising to Class D with prior convictions.
- Stalking (17-A §210-A): A pattern of unwanted contact or surveillance that causes a reasonable person to fear for their safety or suffer serious distress. A Class D crime that can rise to Class B with prior convictions or a weapon involved.
Every one of these charges deserves an experienced defense. The Maine Criminal Defense Group brings more than 80 years of combined experience defending clients against sex crime allegations, and early legal representation can make a meaningful difference in how your case is resolved.
What Are the Penalties for Sexual Assault in Maine?
Penalties for sexual assault in Maine range from up to 5 years in prison for a Class C felony to up to 30 years in prison and a $50,000 fine for a Class A felony, depending on the specific charge and circumstances.
- Class A crimes are punishable by up to 30 years in prison and a fine of up to $50,000. Gross sexual assault is often charged as a Class A crime.
- Class B crimes are punishable by up to 10 years in prison and a fine of up to $20,000. Gross sexual assault is usually charged as a Class B crime.
- Class C crimes are punishable by up to five years in prison and a fine of up to $5,000. Gross sexual assault based on the relationship between the parties, such as a psychiatrist and patient, is charged as a Class C crime.
Beyond prison time and fines, a conviction also brings mandatory sex offender registration, which can restrict where you live and work and carry social stigma that follows you long after your sentence ends.
What Is the Penalty for Gross Sexual Assault Against a Minor in Maine?
Gross sexual assault against a victim under 14 in Maine is automatically charged as a Class A felony, punishable by up to 30 years in prison and a $50,000 fine, and a victim under 12 triggers a mandatory minimum sentence of at least 20 years under 17-A §253-A.
This holds regardless of whether the minor appeared to consent, since Maine law does not allow anyone under 16 to legally consent to a sexual act in the first place. Other circumstances involving a minor, such as when the offender is a parent, guardian, teacher, or someone else in a position of authority over a victim under 18, can result in Class B or Class C charges depending on the specific relationship involved.
Statute of Limitations for Sexual Assault in Maine
Maine law sets specific time limits for how long the state can file criminal charges after an alleged offense, known as the statute of limitations. These timelines vary based on the severity of the offense and the age of the alleged victim.
For sexual assault cases in Maine, the following statutes of limitations apply:
- Gross Sexual Assault or Unlawful Sexual Contact (Class A, B, or C felonies):
The state has 20 years from the date of the alleged offense to initiate prosecution. - Sexual Assault Involving a Child Under 16:
For crimes such as rape, incest, or gross sexual assault involving a minor, there is no statute of limitations. Charges may be brought at any time, even decades later. - Most Other Felonies (non-sexual Class A, B, or C crimes):
Subject to a 6-year statute of limitations. - Misdemeanors (Class D or E crimes):
Must be prosecuted within 3 years of the alleged offense. - Absence from the State:
If the accused leaves Maine, the statute may be paused, although extensions are generally limited to 5 years.
These laws reflect Maine’s effort to allow ample time for victims—especially children—to come forward. However, they also create significant long-term legal risks for individuals accused of a sexual offense.
Is attempted sexual assault a crime in Maine?
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. Even if 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.
What are possible defenses against sexual assault charges 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 possible defenses against sexual assault accusations which tend to be raised more often than others.
Mistaken Identity
Mistake of fact is among the most common defenses; this is 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 and the value or significance of the available evidence, as well as other relevant factors.
Romeo & Juliet
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.
Mistaken Age
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.
Can you be convicted of sexual assault if both parties were Intoxicated in Maine?
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.
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.
Contact our Maine sexual assault defense attorneys for help
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. 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.
Maine Sexual Assault Frequently Asked Questions
Can I be convicted of sexual assault for going to a prostitute in Maine?
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.
Can a sexual assault case against me be dropped if my accuser refuses to press charges in Maine?
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.
Can I be prosecuted for raping my spouse in Maine?
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.
What is a “rape shield statute” in Maine?
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.
Can I be sued for sexual assault even if I am acquitted in criminal court in Maine?
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.
Can my sexual assault case be dismissed if the police failed to “read me my rights” in Maine?
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.
Can I represent myself for a sexual assault charge in Maine?
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