Sexual assault and sexual battery both refer to criminal offenses where a victim does not provide consent to sexual contact.
This contact may or may not involve penetration, force, violence, or other forms of sexual abuse—any unwanted sexual contact is illegal in Maine.
An individual accused of sexual battery or “gross sexual assault” in Maine faces particularly serious consequences. It is important to understand the differences between various forms of sexual abuse offenses and what a conviction can mean.
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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What is the difference between sexual assault and sexual battery?
Sexual assault and sexual battery are terms often used to differentiate between different types of sexual abuse crimes. However, “sexual battery” and “sexual assault” are not used in the federal criminal code and the Criminal Code of Maine does not refer to “sexual battery.”
Instead, “aggravated sexual abuse” is the term given to sexual battery at the federal level (sexual assault is “sexual abuse”) and in Maine, sexual battery is called “gross sexual assault”
The main difference between sexual battery and sexual assault is whether an element of force or the threat of force was used. Sexual battery is the more likely charge if force or a threat of force was used, while almost any other unwanted sexual threat or contact may be classified as sexual assault.
What is gross sexual assault in Maine?
Gross sexual assault is the term used in Maine for sexual battery. It refers to the crime of engaging in a sex act (oral or anal sex or direct genital contact) when the victim does not consent or is incapable of consenting.
Aggravated gross sexual assault in Maine
Aggravated gross sexual assault is an even more serious version of the offense, where:
- The victim submits as a result of compulsion (force or threats of force, injury, or kidnapping), or
- The victim is under the age of 14 and is not married to the defendant.
Aggravated offenses are punished more severely than standard gross sexual assault offenses.
What are other types of gross sexual assault in Maine?
Gross sexual assault charges can also be filed against a defendant when:
- The defendant has given the victim a drug or intoxicant impairing the victim’s self-control.
- The defendant uses threats to compel or cause the victim to submit to the act.
- The victim is mentally disabled, the defendant knows of the disability, or the disability is apparent, and the disability renders the victim unable to consent to or understand the act.
- The victim is unconscious or physically incapable of resisting.
- The victim is under the age of 18 and the defendant is the victim’s parent or guardian.
- The victim is a prisoner, probationer, or parolee, and the defendant has official authority over the victim.
In such cases, the relationship between the defendant and the victim may be important. Gross sexual assault charges can even be filed in situations where the contact was claimed to be consensual. For instance, a high school teacher who has sex with one of the students in his/her class could be charged and convicted of gross sexual assault in Maine.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
Penalties for gross sexual assault in Maine
The possible penalties for gross sexual assault in Maine depend largely on the nature of the crime and the past criminal record of the defendant.
Gross sexual assault based on the relationship between the parties is a Class C crime in Maine. This is punishable by up to five years in prison and a fine of up to $5,000.
Other types of gross sexual assault charges are classified as Class B crimes, punishable by up to 10 years’ imprisonment and a fine of up to $20,000.
Aggravated gross sexual assault is a Class A crime, punishable by up to 30 years in prison and a fine of up to $50,000.
What is the difference between domestic violence and gross sexual assault in Maine?
“Domestic violence assault” is the term used in the Maine Criminal Code to define an assault against someone in the family or a household member. This may include spouses, domestic partners, people who live together, biological parents of a child, minor children, or any previous sexual partner.
Assault in Maine is when a person intentionally causes harm to another person. However, the harm does not need to result in physical injury. It could be offensive physical contact such as grabbing, pushing, or shoving, which harms the emotional, psychological, or physical well-being of the targeted individual.
If a person is suspected of such actions in a domestic setting, he or she may be charged with domestic violence assault.
There are significant differences between domestic violence assault and gross sexual assault:
| Domestic violence assault in Maine | Gross sexual assault in Maine |
|---|---|
| Involves a domestic relationship | The relationship between the defendant and the victim may or may not be important |
| No sexual contact is required | Non-consensual sexual contact is required |
| No emphasis on consent | Lack of consent is key to prosecutions |
| Prosecuted as a Class C or Class D crime (misdemeanor or felony) | Commonly prosecuted as a Class A felony crime (the most serious category) |
| Class C crimes incur a maximum penalty of 364 days of jail and a fine of up to $2,000. Class D | Class A crimes may incur a maximum penalty of 30 years in prison and/or a fine |
| penalties include up to 5 years of prison and/or $5,000 in fines. | of up to $50,000. Class B crimes have a maximum of 10 years in prison and/or a fine of up to $20,000. |
What are possible defenses against gross sexual assault in Maine?
The main defenses associated with gross sexual assault charges in Maine include:
- The honest belief that consent was given
- The victim mistook the defendant for another person
- The victim took a drug voluntarily and then engaged in sexual activity while impaired
- The defense of marriage (may be valid in cases prosecuted due to the relationship between the victim and defendant, such as a psychiatrist and patient)
For experienced legal help with any criminal charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.
Accused of a Sexual Battery?
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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