Defending sexual acts towards minors charges in Southern Maine
A sexual act or rape of a minor charge in Maine carries some of the harshest penalties under state law, including lengthy prison sentences, mandatory sex offender registration, and lifelong consequences. Even an accusation can damage your reputation, career, and personal life.
At The Maine Criminal Defense Group, our experienced Maine sex crimes defense attorneys aggressively defend individuals accused of rape involving a minor. We understand the complexities of Maine’s sexual offense laws and work to challenge evidence, witness testimony, and prosecutorial overreach to protect your rights.
If you are facing these serious charges, securing immediate legal representation is critical. Contact us today to discuss your case and begin building a strong defense.
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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Rape of a Minor Laws in Maine
In Maine, there are two laws that prohibit having intercourse with someone underage. They are:
- 17-A Maine Statute § 253, or gross sexual assault;
- 17-A Maine Statute § 254, or sexual abuse of minors;
- 17‑A Maine Statute § 255‑A, or unlawful sexual contact;
- 17‑A Maine Statute § 260, or unlawful sexual touching;
- 17‑A Maine Statute § 282, sexual exploitation of a minor; and
- 17‑A Maine Statute § 556, or incest.
All of these laws are based on one idea: People under the age of 16 are legally incapable of giving their consent to a sexual act.
This is the age of consent (16 years old) in Maine. Having sex – intercourse or otherwise – with someone under the age of consent can lead to serious legal trouble.
However, Maine also has a “Romeo and Juliet” law that makes an exception to the age of consent when the sexual act was consensual and between two people who are close in age.
Gross Sexual Assault and Minors in Maine
Gross sexual assault under 17-A Maine Statute § 253 is one of the statutes that deals with sexual intercourse with a minor.
Section 253(1)(B) and (C) both paint a bright-line rule in the sand by prohibiting the act of engaging in a “sexual act” with anyone aged 13 or under.
Importantly, it doesn’t matter if you were under the impression that the other person was 14 or older. The law is strict and only cares about the other person’s actual age.
Maine’s Romeo and Juliet Law
The other law involving sex and minors in Maine is 17-A Maine Statute § 254. This statute is not as strict and provides more opportunity to defend yourself against a criminal charge.
Sexual abuse of minors covers alleged victims who are aged 14 or 15. Section 254(1)(A) makes it illegal to engage in a sexual act with people of this age, so long as the defendant is at least 5 years older than the other person.
This is the age-specific exception known as Maine’s “Romeo and Juliet” law because it allows similarly-aged couples to engage in consensual sex.
Penalties for the Rape of a Minor in Maine
The penalties for a conviction for the rape of a minor span a wide spectrum and depend on whether the criminal charge was for gross sexual assault or for sexual abuse of minors.
Gross sexual assault offenses – those involving a minor under the age of 14 – are Class A crimes. These are the most severe type of crimes in the state of Maine and carry jail terms of up to 30 years and fines of up to $50,000.
Offenses for the sexual abuse of minors – those that involve a minor aged 14 or 15 – can be Class C or D crimes:
- If the defendant is at least five years older than the minor, it is a Class D crime that carries up to a year in jail and a fine of up to $2,000.
- If the defendant is at least 10 years older than the minor, it is a Class C crime that carries up to five years in jail and up to $5,000 in fines.
Additionally, many convictions for these offenses will require you to register as a sex offender in Maine
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.
How to Defend Against a Charge of Rape of a Minor in Maine
Defending against a rape of a minor charge in Maine requires a strategic and thorough approach. Maine law imposes severe penalties for sex crimes involving minors, and an experienced attorney can help you raise valid defenses to protect your rights and future. Several defense strategies can be employed, depending on the circumstances surrounding the accusation. Below are some common defense tactics:
Reasonable Belief of Adulthood
In certain circumstances, a defendant may assert that they reasonably believed the alleged victim was an adult. For example, if the minor presented a fake ID or claimed to be over the legal age of consent, this can be a strong defense against charges of sexual abuse of a minor. While this defense is not applicable to gross sexual assault charges, it may be relevant to other sexual offenses under Maine law.
False Allegation
In many sexual assault cases, the defense may be that the accusation is false. Sex offenses involving minors are often difficult to defend against because they frequently come down to conflicting testimonies—he said, she said. False accusations can be made by individuals who have personal grudges, are motivated by revenge, or aim to damage your reputation. An effective defense involves exposing any ulterior motives the accuser may have and challenging their credibility. This can significantly weaken the case against you.
Challenging Evidence
Another essential aspect of defending a rape of a minor case is challenging the evidence presented by the prosecution. This includes questioning the reliability of physical evidence, witness statements, or any forensic evidence that may be used against you. By identifying inconsistencies or weaknesses in the prosecution’s case, we can create reasonable doubt and protect your legal rights.
Contact our Maine Rape of a Minor Defense Lawyers
Sex crime defense lawyers at The Maine Criminal Defense Group represent those accused of raping a minor. This is a severe sex offense, and raising all the defenses available to you can help make sure you are not convicted for something you did not do.
The attorneys at The Maine Criminal Defense Group can help at this time of need. Contact The Maine Criminal Defense Group for the legal representation that you deserve.
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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