It is one of the most widely unreported types of crime, as many people are too embarrassed or ashamed to talk about the incident.
In 1999, the U.S. Bureau of Justice Statistics estimated that 99% of rapists were male, and that 91% of rape victims were female-meaning that the other 9% were men. Now, however, it is assumed that a larger percentage of victims are male, but that these sex crimes are being grossly under-reported.
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
How is rape defined in Maine?
Rape can occur between any two genders of people in any combination. The relationship between the two is also not a factor as rape can occur between strangers, relatives, and even spouses. The most important factor for a sexual activity to be considered rape is the lack of consent between individuals.
A person does not have to say ‘no’ in order to show lack of consent. In some cases, fear may have prevented them from speaking out, or the effects of drugs or alcohol may have led to unconsciousness. Rape charges must also include some form of penetration.
What are the consequences of a rape conviction in Maine?
There are several types of rape that can be prosecuted under the law, as rape does not strictly take place between a male aggressor and a female victim.
Depending on the circumstances, the penalties will be different and there is no way to know for sure what your sentence will be if you are convicted. Often rape offenses result in jail time, probation, steep fees, and more.
You will also have to be registered as a sex offender. Any of these consequences can severely impact your life and career. Various types of rape offenses include:
Date rape
This type of rape often occurs between casual/social acquaintances, sometimes making it difficult to prove. It also commonly involves the use of a “date rape” drug, which would debilitate the victim and make it easier for the attacker to carry out the rape.
Gang rape
This type of rape includes at least two or more attackers committing a sexual assault against/forcing sexual intercourse upon one victim.
Prison rape
This type of rape occurs between prison inmates, meaning that they are usually same-sex crimes, and are thought to affect between 3%-12% of all inmates.
Incestual rape
This type of rape occurs between close relatives, including blood relatives, step-relatives, adoptive relatives, and/or members of the same household.
Statutory rape
This type of offense occurs between a person who has not yet reached the age of consent and an adult, regardless of consent.
Marital rape
This type of rape occurs between a married couple, regardless of the fact that they have previously engaged in consensual sex.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
Gross Sexual Assault in Maine
When a person is accused of using some sort of force or placing the victim under duress in order to get them to comply with sexual activity, it is considered gross sexual abuse. Situations that would lead to this charge include:
- Drugging the victim with drugs or alcohol
- Threatening the victim into compliance
- The victim is mentally disabled and not capable of giving consent
- The victim is unconscious
- The victim is a ward of the offender such as a prisoner, patient, etc
- The victim is under the age of 18 and a student or charge of the offender
Depending on the circumstances, these offenses are Class B or Class C crimes and can result in 5 to 10 years in jail and $5,000 to $10,000 in fines and fees.
Penalties for Rape of a Minor in Maine
Rape charges are very serious, but rape of a minor charges are the most severe.
Forcibly engaging in an unwanted sexual act involving penetration is rape, and can be considered gross sexual assault.
Under Maine Code §253, gross sexual assault is defined as when a person “engages in a sexual act with a another person and (A) The other person submits as a result of compulsion; (B) The other person, not the actor’s spouse, has not in fact attained the age of 14 years; or (C)The other person, not the actor’s spouse, has not in fact attained 12 years of age.” If the age gap is far enough apart, even consensual sex with a minor is considered a form of rape.
Statutory rape laws declare that a minor under the age of 14 cannot give consent to sexual activity.
Under Maine Code §255, unlawful sexual contact is defined as “any person 3+ years older than a victim who engages in sexual contact with any person under 14 years old.” Offenders can be charged with a Class C crime, or a Class B crime if the act involved penetration.
The penalties of these crimes are then decided accordingly, as a Class C felony is punishable by up to 5 years in jail and a $15,000 fine, and a Class B felony is punishable by up to 10 years in jail and a $20,000 fine.
Contact a Rape Defense Lawyer in Maine
The experienced attorneys at The Maine Criminal Defense Group will know how to fight for your rights. Call us directly at (207) 571-8146 or contact us online.
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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