Statutory rape involves sexual activity with a child aged 15 or under, a conviction for which could result in especially harsh consequences.
Unfortunately, there are many cases each year in Maine where individuals are wrongly accused of this offense.
If you know someone who has been accused of statutory rape or any sex crimes involving a child, it helps to know what the laws say, the potential punishments for a conviction, and the possible defenses that may be able to be employed.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
Table of Contents
What are sex crimes involving juveniles in Maine?
The age of consent in Maine is 16. Therefore, any sexual activity with a person under this age is liable to result in a charge of statutory rape as the alleged victim is considered too young to be able to consent.
Even if the defendant argues that the child consented to the sexual activity or initiated it, this is usually not a valid defense.
The crime of statutory rape covers several forms of sexual misconduct with a child in Maine, each with its associated level of punishment. These levels are: gross sexual assault, sexual abuse of a minor, unlawful sexual conduct, and unlawful touching.
In addition to the standard laws, other laws apply to teachers and other employees in positions of authority over children, as you will see below.
Following are the five main charges related to sexual misconduct with a child in Maine, in descending order of severity.
Gross sexual assault (Class A crimes)
According to Maine law, a charge of gross sexual assault may be filed against a person who engages in a sex act (oral/anal sex or direct genital contact) when:
- The victim is under the age of 14
- The defendant is a teacher or school employee and the victim is a student over whom the teacher has authority, or
- The defendant is a teacher or employee of a daycare center, youth facility, or drug treatment center and the victim is a resident under the age of 18 over whom the teacher has authority.
Sexual abuse of a minor
Maine’s law states that the crime of sexual abuse of a minor is committed when a person engages in a sex act with:
- A child, age 14 or 15 when the defendant is at least five years older, or
- A student, age 16 or 17 when the defendant is a teacher or school employee who is at least 21 years old and the student is enrolled in the same school or district.
If the defendant is ten years older than the child or more, the sentence will be harsher.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
Unlawful sexual contact
The crime of unlawful sexual contact happens when the act consists of sexual touching (genital or anal) and the following applies:
- The victim is under the age of 14 and the defendant is at least three years older
- The victim is aged 14 or 15 and the defendant is at least ten years older, or
- The defendant is a teacher and the victim is a student enrolled in the same school or district.
This charge becomes more serious if the act includes penetration or the victim is aged 12 years or younger. These crimes can range from being charged as “D” misdemeanors to class “A” felonies, based on the type of contact and the age of the victim
Unlawful sexual touching
A charge of unlawful sexual touching may be filed if an individual is accused of touching another person’s breasts, buttocks, or groin for a sexual purpose under any of the circumstances outlined above for unlawful sexual conduct.  These are generally misdemeanor crimes.
Child enticement
Child enticement is a separate charge that can be filed against a person in Maine even if there is no sexual contact.
This occurs when a person lures or attempts to lure a child under the age of 14 for the purposes of sexual gratification.
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 a possible defense against statutory rape in Maine?
Everyone is entitled to a defense, and nobody is guilty until proven innocent.
These fundamentals of U.S. criminal law apply in all sex crime charges. People make mistakes, others are wrongly accused, and even if a person is found guilty, there may be mitigating circumstances.
Some defenses applicable in statutory rape and other sex charges are the same defenses available for any criminal offense. Others are rather unique to the charge of statutory rape itself.
Mistake of fact
A case of mistaken identity (“it wasn’t me”) or a false allegation (“it didn’t happen”) may be legitimate defenses in some cases – for example, where there are unreliable witnesses, medical evidence is inconclusive, or video surveillance produces poorly-defined images.
The “Romeo and Juliet” exemption
Within Maine’s laws, an exemption exists to the “sexual abuse of a minor” law (described above) for consensual sexual contact between a 14 or 15 year-old minor and a person no more than five years older than said minor.
This protects young couples from criminal charges for consensual sexual activity. However, the exemption could not be used to defend a 20-year-old who has “consensual” sex with a 14-year-old.
Marital exemption
Maine’s law allows for marital rape exemption. This means that someone accused of statutory rape cannot be found guilty if they are married to the victim.
However, if the couple is living apart at the time of the alleged incident, they are not considered “married” for the purposes of this offense.
Mistake of age
Maine differs from some other states in how the law interprets the perceived age of the alleged victim.
Here, a defendant can claim a reasonable belief that a child aged 14 or 15 was actually 16 years or older as a legitimate defense. In most other states, it is not a valid argument to say that the victim concealed or misstated his or her age.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
What are mandated abuse reporters in Maine?
Under the Maine legislation Title 22, §3477, certain professionals have an obligation to report child abuse to the authorities. This includes statutory rape.
The list is extensive and basically includes anyone that a child would interact with on a regular basis. Some of these professionals include:
- Doctors or specialists
- Dentist or dental staff
- Teachers, guidance counselors, or school officials
- Social workers or child service officers
- Camp counselors
- Homemakers
- Child care professionals
- Law enforcement officers or firefighters
What are the penalties for statutory rape involving minors in Maine?
Any statutory rape or sex offense conviction carries harsh, life-changing penalties, such as the following:
- Gross sexual assault against a child under 14: This is punishable by up to 30 years in prison and a fine of up to $50,000.
- Sexual abuse of a minor: If the minor is aged 14 or 15, this is punishable by up to one year in prison and a fine of up to $2,000. Where the defendant is at least 10 years older than the victim, potential penalties increase to up to five years’ imprisonment and a fine of up to $5,000. If the defendant is a teacher or school employee, it can result in up to six months in jail and a fine of up to $1,000.
- Unlawful sexual conduct: The punishment varies according to the victim’s age and whether penetration occurred.
- Unlawful sexual touching: This is punishable by up to one year in prison and a fine of up to $2,000.
In addition to the above penalties, you may be required to register as a sex offender in Maine. This can have lasting consequences for your reputation and the criminal record you will have may affect employment, travel, immigration status, and more.
With such serious consequences, anyone charged with a statutory rape offense should seek urgent legal advice before even thinking about pleading guilty.
Contact our Statutory Rape Defense Lawyers in Maine
The laws are complex and change regularly, and an experienced attorney can provide the advice you need and protect your rights in difficult times. Call us directly at (207) 571-8146 or contact us directly online.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
Blog Posts
Sexual assault and sexual battery both refer to criminal offenses where a victim does not provide consent to sexual contact. This contact may or may not involve penetration, force, violence,[...]
Both prostitution and solicitation are considered sex crimes in Maine. Buying or selling sexual acts or sexual contact is illegal and has traditionally been considered a criminal offense for all[...]
A protection from abuse order (PFA) can make it illegal for an individual to contact you or your children in the state of Maine. Filing a PFA is often a[...]
In a recent child exploitation case from Boston, a Maine man was found guilty by the federal court and sentenced to 13 years in prison and five years of supervised[...]
Sexual assault crimes are among the most serious offenses a person can commit. Sexual assault crimes involving minors are even more serious; many people argue that sexual assault against minors[...]
Note: We do not do any sex registry work but we do handle all sex-related cases Sex crimes are among the most destructive, antisocial behaviors in our whole society. Everyone[...]
When most people think of “Title IX” they tend to focus on the role on Title IX in preventing sexual or gender-based discrimination on college and university campuses. Title IX[...]
When people refer to “Title IX,” they are referring to the provisions of Title IX within the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.). The purpose of[...]
All crime is a serious matter, but not all crimes come with the same level of severity. Few people would try to argue that a simple act of vandalism –[...]
Being accused of sexual misconduct in an educational environment in Maine can have serious ramifications for your future. As such, any accusation must be treated seriously. Even if you are[...]
