Auburn Sexual Assault Defense Attorneys

Experienced Sexual Assault Defense Lawyers in Auburn, Maine

If you are facing sexual assault charges in Maine, your future, reputation, and freedom are at risk. The life-altering implications of a sexual assault conviction can mean years of imprisonment and registration on the sex offender list, which can have an effect on your opportunities for jobs and housing! However, when you have the help of experienced Auburn sexual assault defense lawyers, you can potentially have your charges reduced or dismissed.

At The Maine Criminal Defense Group, we want to help you get your life back on track. We have a proven track record of experience and want to put our skills to use to help you. If you want to understand your options for fighting off sexual assault charges, reach out to request a consultation where we can get to know you and the specifics of your charges.

What You Need to Know About Sexual Assault in Maine

Sexual assault charges in Maine are treated very seriously. Sexual assault is a catch-all term for several different types of unwanted, nonconsensual sexual contact that is perpetuated through physical force, threats, or another type of coercion. Your charges might be less serious misdemeanor charges such as those associated with inappropriately touching another person or more serious felony charges such as those associated with rape.

Depending on the circumstances, sexual assault can be charged as a class A felony, which comes with penalties that include:

• Up to $50,000 in fines
• Up to 30 years in prison
• Lifetime registration as a sex offender

With the mark of a sex offender on your record, you will also be prohibited from certain jobs, education, and housing as well as damage to your reputation among friends, family, neighbors, and even complete strangers who are able to look up sexual predators nearby.

It is worthwhile to note that charges involving unlawful touching or sexual contact with minors can be exacerbated depending on age. If you are over ten years older than a minor you have been charged with assaulting, you will face elevated penalties, which can potentially include a minimum of 20 years in prison!

Defend Your Future with an Experienced Auburn Sexual Assault Defense Attorney

If you are facing sexual assault accusations in Auburn, Maine, your future is at stake. Law enforcement and prosecutors take these charges seriously, and a conviction can have devastating consequences. The Maine Criminal Defense Group has the experience and dedication to protect your rights, challenge the evidence against you, and build a strong legal defense.

Sex crimes categorized as sexual assault in Maine

Maine law defines sexual assault as a broad category of offenses, ranging from serious felonies like rape and child molestation to lesser offenses such as unlawful sexual contact or indecent exposure. While the severity of each charge varies, all sexual assault accusations carry serious legal and personal consequences.

Common Sex Crimes That Fall Under Sexual Assault in Maine

Sexual assault charges in Auburn, Maine can include:

• Gross Sexual Assault (Rape) – Engaging in a sexual act with another person without their consent, often involving force, threats, or incapacitation.
• Sexual Abuse of a Minor – Any sexual activity with someone under the age of consent (16 in Maine).
• Unlawful Sexual Contact – Any form of unwanted sexual touching without penetration, particularly when the victim is incapacitated, underage, or unable to consent.
• Sexual Exploitation of a Minor – Possessing, producing, or distributing child pornography or involving a minor in sexually explicit conduct.
• Child Enticement – Using the internet or other means to solicit a minor for sexual activity.
• Indecent Exposure – Exposing one’s genitals in a public setting or in a way intended to cause alarm or offend others.
• Sexual Harassment and Stalking – Repeated unwanted sexual advances, messages, or threats that create a hostile environment or place someone in fear for their safety.

Varying Degrees of Charges and Penalties

Each sexual assault offense in Maine is classified based on the circumstances of the case, including whether force, coercion, or incapacity was involved. These charges can range from Class D misdemeanors (which may result in fines and short jail sentences) to Class A felonies, carrying decades of prison time and mandatory sex offender registration.

How Our Auburn Sexual Assault Defense Lawyers Can Defend You

If you are facing sexual assault charges, you need an ironclad legal defense if you want a chance of defending your rights and freedom. The Auburn sexual assault defense lawyers of The Maine Criminal Defense Group will work with you to execute a legal strategy that has the best chance of having your charges reduced or dropped.

We can create a defense based on your unique set of circumstances.

• We might argue that you are a victim of mistaken identity.
• If you are being accused of sexual abuse of a minor, we might argue that your actions were consensual under Romeo and Juliet laws.
• Again in cases involving sexual abuse of a minor, we might argue that you were lied to or otherwise mistaken about the age of the victim.
• We might also try to establish that you were too intoxicated to have committed the alleged offense.

In order to create the best defense for your particular case, we will work with you closely to understand the nuances that come into play.

Can age affect the severity of a sexual assault charge in Maine?

Yes, age can play a critical role in determining the severity of a sexual assault charge in Auburn, Maine. The law recognizes that age differences between the accused and the alleged victim can either define the crime itself or serve as an aggravating factor, leading to more severe penalties.

How Age Differences Impact Sexual Assault Charges in Maine

Unlawful Sexual Contact – If the alleged victim is under 14, it is considered unlawful sexual contact if the accused is at least three years older. Additionally, if the alleged victim is 14 or 15 years old, the crime becomes more severe if the accused is at least 10 years older.

• Sexual Abuse of a Minor – The offense becomes more serious when there is a 10-year or greater age gap between the accused and the alleged victim.
• Gross Sexual Assault (Rape) – Age is a significant aggravating factor in these cases. If the alleged victim is a minor, the mandatory minimum sentence can start at 20 years in prison.

The Consequences of an Age-Based Aggravating Factor

When age is a factor in a sexual assault case, the penalties can escalate dramatically, leading to:

• Felony charges that may result in lengthy prison sentences
• Mandatory sex offender registration, possibly for life
• Increased scrutiny from prosecutors and harsher sentencing guidelines

Is attempted sexual assault a crime in Maine?

Yes, attempted sexual assault is a criminal offense in Maine, even if no sexual act actually occurs. The law recognizes that an attempt to commit a sex crime poses a serious threat, and prosecutors aggressively pursue these cases.

Attempted Sexual Assault and Child Enticement Laws in Maine

One specific form of attempted sexual assault in Maine is known as child enticement. This occurs when someone attempts to lure, solicit, or entice a child under the age of 14 for the purpose of sexual misconduct. Even if no physical contact occurs, the mere attempt is a felony offense and can result in severe penalties.

Depending on the circumstances, attempted sexual assault charges in Maine can lead to:

• Felony convictions that carry significant prison time
• Mandatory sex offender registration, possibly for life
• Permanent criminal records, affecting employment and personal freedoms

If you have been accused of attempted sexual assault or child enticement, you need an experienced Auburn sexual assault defense attorney on your side. At The Maine Criminal Defense Group, we know how to challenge weak evidence, expose flaws in the prosecution’s case, and protect your rights against false accusations or misinterpretations of intent.

Possible defenses to sexual assault charges in Auburn, Maine

Being accused of sexual assault in Maine is a serious matter, but an accusation does not equal a conviction. There are several legal defenses that may apply to your case, depending on the circumstances and the evidence presented. A skilled Auburn sexual assault defense attorney can assess the facts, challenge the prosecution’s claims, and build a strong defense strategy.

Mistaken Identity

One of the most frequently used defenses in sexual assault cases is mistaken identity. This occurs when the accused was wrongfully identified as the perpetrator. Many sexual assault cases rely heavily on eyewitness testimony, which can be unreliable due to stress, poor visibility, or flawed memory. If there is weak or conflicting evidence, such as a lack of forensic proof or alibi inconsistencies, this defense can be effective.

False Allegations

Unfortunately, false allegations of sexual assault do happen. In some cases, accusations stem from misunderstandings, personal vendettas, child custody battles, or attempts to gain leverage in legal disputes. A strong defense may involve exposing inconsistencies in the accuser’s statements, presenting contradictory evidence, or showing a motive for making false claims.

Consent

Consent is a key issue in many sexual assault cases. In Maine, if both parties freely and voluntarily agreed to engage in sexual activity, an assault did not occur. However, proving consent can be challenging, especially if there were no witnesses or prior communication records. Text messages, phone records, or other evidence demonstrating mutual agreement may play a critical role in this defense.

Romeo & Juliet Law (Close-in-Age Exemption)

Maine recognizes a “Romeo & Juliet” law, which protects individuals from prosecution for sexual abuse of a minor if the age difference between the individuals is five years or less and the act was consensual. This law is designed to prevent young people engaged in romantic relationships from being unfairly labeled as sex offenders. If applicable, this defense can help reduce or dismiss charges.

Mistaken Age Defense

Unlike many other states, Maine allows a mistaken age defense in certain cases. If a defendant reasonably believed that the alleged victim was of legal age (16 or older in Maine), this may be a valid defense. However, the burden is on the defendant to prove that the belief was genuine and reasonable based on the circumstances.

Can you be convicted of sexual assault if both parties were Intoxicated?

Yes, in Maine, being intoxicated does not automatically exempt someone from being convicted of sexual assault. In fact, alcohol and drug use often complicate sexual assault cases, making it harder to determine consent and increasing the legal risks for the accused. If you have been charged with sexual assault in Auburn, Maine, it is critical to understand how intoxication affects the case and what legal defenses may be available.

How Intoxication Affects Sexual Assault Charges in Maine

Under Maine law, a person cannot legally consent to sexual activity if they are incapacitated due to alcohol, drugs, or another intoxicating substance. If the alleged victim was too impaired to give informed and voluntary consent, the prosecution may argue that the sexual act was non-consensual, even if both parties were drinking or using drugs.

On the other hand, intoxication is rarely a successful defense for the accused. A defendant cannot argue that they were too drunk to understand their actions unless they can prove they were so intoxicated that committing the crime would have been physically or mentally impossible—a very high legal threshold.

When Intoxication Might Be a Defense

There are very few circumstances in which intoxication may be a viable defense in a sexual assault case. Some possible arguments include:

• Involuntary Intoxication – If the defendant was unknowingly drugged or forced to consume an intoxicating substance, this may serve as a defense.
• Lack of Intent (Extreme Intoxication Cases) – In rare cases, if a defendant was so intoxicated that they were completely unaware of their actions, they may argue that they lacked the intent required for the crime. However, this defense is difficult to prove and rarely succeeds in sexual assault cases.
• Mutual Incapacitation (Complex Cases) – If both parties were equally incapacitated and neither had the ability to consent, the prosecution may struggle to establish clear culpability. However, this is a complex legal issue that requires careful case analysis by an experienced sexual assault defense attorney.

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