Sexual Assault Defense Lawyers in Kennebunk, Maine
Facing sexual assault charges in Kennebunk, Maine, is a life-altering experience with severe legal and personal consequences. A conviction can lead to imprisonment, mandatory sex offender registration, and long-term damage to your reputation and future opportunities.
Maine law defines sexual assault broadly, covering offenses from unwanted physical contact to felony-level charges such as rape. These cases often hinge on conflicting testimonies and interpretations of consent, making it critical to have an aggressive criminal defense attorney on your side.
At The Maine Criminal Defense Group, our skilled Kennebunk sexual assault defense attorneys are dedicated to protecting your rights. We meticulously analyze evidence, challenge weak accusations, and build a strong defense to ensure you receive a fair trial. If you are facing sexual assault allegations, we are here to provide the experienced legal representation you need.
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.
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Sexual assault defined in Maine
Sexual assault, Title 17-A §251, in Kennebunk, Maine encompasses a wide range of offenses, including those that occur without physical force. Under Maine law, any sexual act obtained through threats—whether physical, verbal, or implied—may be classified as sexual assault. Gross sexual assault, Title 17-A §253, is a specific legal term used to describe unlawful sexual acts where the alleged victim was unable to provide legal consent. Importantly, Maine law does not require the alleged victim to resist or fight back for an act to be considered sexual assault.
Sexual assault charges can arise from various circumstances, including engaging in sexual activity with:
- A person who is mentally incapacitated and unable to consent.
- A person under the age of consent, which is 16 in Maine.
Penalties for Sexual Assault in Maine
The severity of the charge depends on the circumstances of the alleged offense. Some cases result in misdemeanor charges, while others are classified as felonies with life-altering consequences.
- Gross sexual assault can be charged as a Class A felony, carrying penalties of up to 30 years in prison and fines up to $50,000.
- A conviction often results in mandatory sex offender registration, which can impact employment, housing, and personal relationships for life.
Defend Your Future with an Experienced Kennebunk Sexual Assault Defense Attorney
If you are facing sexual assault accusations in Kennebunk, 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.
What is Considered Gross Sexual Assault in Maine? (Video)
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.
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 Kennebunk, 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.
Why You Need a Strong Defense Against Sexual Assault Charges
If you have been accused of sexual assault in Kennebunk, Maine, your freedom, reputation, and future are on the line. Even an allegation can have life-altering consequences. The Maine Criminal Defense Group specializes in defending those accused of sex crimes, scrutinizing every detail of the case, and challenging weak or misleading evidence.
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 Kennebunk, 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 Kennebunk 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.
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.
Possible defenses to sexual assault charges in 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 Kennebunk sexual assault defense attorney can assess the facts, challenge the prosecution’s claims, and build a strong defense strategy.
Common Defenses to Sexual Assault Charges in Maine
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.
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, 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 Kennebunk, 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.
Can I represent myself for a sexual offense charge in Maine? (Video)
Contact our Kennebunk sexual assault defense lawyers
Facing a sexual assault charge in Kennebunk, Maine is an overwhelming and high-stakes legal battle. The criminal justice system is adversarial by nature, with the prosecution aggressively seeking convictions while the defense fights to protect the rights and future of the accused. Without an experienced attorney, you risk severe penalties, including prison time, lifetime sex offender registration, and irreversible damage to your reputation.
Maine’s criminal laws, rules of evidence, and court procedures are complex, and even a small legal misstep—such as missing a filing deadline or failing to respond to a motion—can have devastating consequences. This is not a battle you should fight alone.
At The Maine Criminal Defense Group, we understand the nuances of sexual assault defense and are committed to building a strong case on your behalf. If you have been accused of any form of sexual assault in Kennebunk or anywhere in Maine, don’t wait to get legal help. Call our office today or fill out our online contact form to schedule a confidential case consultation. The sooner you act, the better we can protect your rights and your future.
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.
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