Sexual Assault Defense Lawyers in Scarborough, Maine
If you’ve been charged with sexual assault in Scarborough, Maine, your future is at risk. These are serious criminal charges that can lead to lengthy prison sentences, mandatory sex offender registration, and lasting damage to your reputation, relationships, and career. Even the mere accusation of sexual misconduct can carry immediate social and professional consequences.
Maine law takes a broad approach to sexual assault offenses. Under state statutes, these charges can include anything from unwanted sexual contact to more serious felony offenses such as gross sexual assault (rape). Many of these cases depend heavily on conflicting witness accounts and complex issues of consent—which means that the right legal defense strategy can make all the difference in the outcome.
At The Maine Criminal Defense Group, our experienced Scarborough sexual assault defense attorneys focus exclusively on criminal defense and have a deep understanding of how these cases are handled in York County courts. We thoroughly investigate the facts, challenge unreliable evidence, and aggressively advocate for our clients’ rights at every stage of the legal process.
If you’re searching online for “best sexual assault lawyer near me in Scarborough” or need to understand your options after being arrested or accused, we’re here to help.
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.
Table of Contents
Sexual assault defined in Maine
Sexual assault, Title 17-A §251, in Scarborough, 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 a Scarborough Sexual Assault Defense Attorney
If you are facing sexual assault accusations in Scarborough, 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 Scarborough, 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 Scarborough, 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 Scarborough, 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 Scarborough 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 Scarborough, Maine is an incredibly serious legal matter, but it’s important to remember that an accusation is not the same as a conviction. Every case is different, and the outcome often depends on the evidence, the credibility of witnesses, and the skill of your defense attorney. At The Maine Criminal Defense Group, our experienced Scarborough sexual assault defense lawyers work closely with clients to evaluate the facts, identify weaknesses in the prosecution’s case, and build a strong, strategic defense tailored to the specific circumstances.
Common Defenses to Sexual Assault Charges in Maine
Mistaken Identity
In many sexual assault cases, the identity of the alleged offender is a central issue. Mistaken identity can occur when the accuser wrongfully identifies the defendant as the perpetrator—often due to factors like stress, darkness, intoxication, or poor memory. This defense becomes especially powerful if:
- The accusation relies solely on eyewitness testimony
- There is no physical evidence linking the defendant to the scene
- The defendant has a verifiable alibi
False Allegations
Unfortunately, false accusations of sexual assault do occur. These may arise from personal disputes, revenge, child custody battles, or attempts to gain legal leverage. In Scarborough and throughout Maine, we often see cases where there is no physical evidence, and the accusation relies solely on one person’s version of events.
Defense strategies may include:
- Highlighting inconsistencies in the accuser’s statements
- Presenting evidence of motive to lie or exaggerate
- Using digital communications (texts, emails, social media) to contradict the allegations
Consent
Consent is a critical issue in many sexual assault cases. Under Maine law, consensual sexual activity between two legally capable adults is not a crime. However, proving consent can be challenging—especially if the encounter was private and there are no witnesses.
Your defense attorney may introduce:
- Text messages or social media exchanges showing agreement
- Prior communications or a history of mutual contact
- Testimony from others who can speak to the relationship between the parties
Romeo & Juliet Law (Close-in-Age Exemption)
Maine law includes a “Romeo and Juliet” exemption that may apply in cases involving sexual activity between minors close in age. If both individuals are at least 14 years old, and the age difference is five years or less, and the relationship was consensual, prosecution for statutory sexual offenses may not be appropriate.
This defense is particularly relevant in high school or teenage relationships where charges have been filed despite a lack of coercion or predatory behavior.
Mistaken Age Defense
Maine is one of the few states that recognizes a mistaken age defense under certain conditions. If the defendant reasonably believed that the alleged victim was of legal age (16 or older), this may be a valid legal defense. However, the defendant must provide evidence showing that the belief was:
- Genuine
- Reasonable based on the circumstances
- Supported by actions or communications from the alleged victim
This defense is fact-sensitive and requires a detailed analysis of the events leading up to the alleged offense.
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 Scarborough, 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)
Why Choosing a Local Scarborough Defense Attorney Matters
Sexual assault charges carry life-altering consequences—including incarceration, mandatory sex offender registration, loss of employment, and social stigma. The criminal justice system is unforgiving, and the prosecution is often aggressive in pursuing these cases. Working with a Scarborough-based criminal defense lawyer who knows the local courts, judges, and procedures can give you a strategic advantage in your case.
At The Maine Criminal Defense Group, we know how to challenge sexual assault charges with precision, professionalism, and compassion. If you’ve been charged in Scarborough or the surrounding York County area, we’re here to defend your rights and fight for your future.
Contact our Scarborough sexual assault defense lawyers
If you’ve been accused or charged with sexual assault in Scarborough, Maine, your future is on the line. A conviction can lead to prison time, mandatory sex offender registration, and a permanent criminal record that follows you for life. The prosecution is building its case—now is the time to start building yours.
At The Maine Criminal Defense Group, our experienced Scarborough defense attorneys are ready to protect your rights and fight for the best possible outcome. We know the local courts, we understand the law, and we’re committed to providing aggressive, strategic representation every step of the way.
Don’t wait. Call our office or fill out our secure online form today to schedule a confidential consultation. The sooner you act, the stronger your defense will be.
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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