There are a number of definitions for “gross sexual assault” & consent in Maine. It can be charged in numerous ways. Here are some of the most common ways.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
What is Considered Gross Sexual Assault in Maine?
Gross sexual assault, title 17-A §253, is a sexual act that takes place as a result of compulsion. That means that the person conducting the sexual act has compelled that other person, by force generally, against their will to engage in this behavior. That is one way it can be charged.
It can also be charged as a Class A Felony if some kind of drug or alcohol has been used to dull that person’s senses so that they cannot give their consent or resist the sexual act.
If a person engages in a sexual act because of physical force or the threat of physical violence, it is sexual assault. The victim does not need to resist or fight back. Even if there is no physical struggle, it can still be sexual assault. It is important to always remember that sexual assault can also happen without physical threats.
If that person’s mental capacity is impaired, not due to drugs or alcohol but because they have a mental disability, and the actor knows that, that is gross sexual assault.
There are also situations in which the victim is below a certain age. If the victim is 12 years old or younger, for example, that is a Class A Felony. These are serious charges that are punishable by up to 30 years in prison, lifetime registration as a sex offender, and of course serious prison time and fines.
These are serious charges, they require a serious defense because the stakes are so very high.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
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