Experienced Sexual Assault Defense Lawyers in Maine
Sexual assault charges in Maine is a 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.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
Table of Contents
What Is Considered Sexual Assault in Maine?
Under Maine law, sexual assault 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.
What is Considered Gross Sexual Assault in Maine? (Video)
Penalties and Consequences of Sexual Assault in Maine
The penalties for sexual assault in Maine depend on the specific charge and circumstances of the alleged offense. In the most serious cases, such as gross sexual assault involving a minor or a person unable to consent, a conviction may be charged as a Class A felony. This is punishable by:
- up to 30 years in prison,
- fines up to $50,000, and
- mandatory registration as a sex offender
Sex offender registration can severely impact your life long after you serve a sentence. You may face restrictions on where you can live or work, and the social stigma attached to registration can affect your family, relationships, and future opportunities.
In addition to criminal penalties, being accused or convicted of sexual assault in Maine can result in lasting personal and professional consequences even before your case is resolved in court.
If you’ve been charged with sexual assault, it is critical to speak with an experienced criminal defense attorney as early as possible. Contact The Maine Criminal Defense Group today to protect your rights and begin building a strong defense.
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.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
Can age affect the severity of a sexual assault charge in Maine?
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 than the victim. However, it is also defined as sexual touching involving a victim between 14 to 15 years of age and a perpetrator who is minimally 10 years older than the victim.
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!
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.
Possible defenses against a sexual assault charge 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.
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.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
Can you be convicted of sexual assault if both parties were Intoxicated?
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 lawyers today
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.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
Sexual Assault FAQs
Can I be convicted of sexual assault for going to a prostitute?
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?
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?
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?
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? (Video
Blog Articles
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