Sometimes the definitions surrounding “unlawful sexual touching,” & “gross sexual assault,” can be confusing, making the associated laws in Maine confusing to understand as well. So, what is the difference between a gross sexual assault and unlawful sexual touching in Maine?
What is gross sexual assault?
Gross sexual assault in Maine entails engaging in sexual activity with another person against their will, often through force or coercion. This offense occurs when the perpetrator compels the victim to participate in the sexual act, whether by force, threat, or manipulation.
Additionally, it can be charged as a Class A Felony if drugs or alcohol are used to incapacitate the victim’s ability to consent or resist. Furthermore, if the victim’s mental capacity is impaired due to a disability, and the perpetrator is aware of this, it constitutes gross sexual assault under Maine law.
What is unlawful sexual touching?
Unlawful sexual touching will always be a misdemeanor. It can involve a person over the age of eighteen. It can involve a person under the age of fourteen. It could involve a situation where the “victim” is unconscious or rendered physically incapable of resisting due to drugs or alcohol intoxication, but it’s due to touching, which means there is no sexual act. It may involve the breast, it may involve the sexual organs, but it doesn’t involve some type of sexual act.
As you can see, sexual touching is very different from a gross sexual assault charge in Maine. If you have been charged with either crime, it is important to call The Maine Criminal Defense Group to request a consultation and learn about your rights and we will fight to secure your freedom.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense attorneys today.
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