Sexual assault and sexual violence both refer to criminal offenses in which a victim does not consent to sexual contact.
This contact may or may not involve penetration, force, violence, or other forms of sexual abuse: unwanted sexual contact is illegal in Maine.
A person accused of sexual assault or “serious sexual assault” in Maine faces particularly serious consequences. It is important to understand the differences between different forms of sexual abuse and what a conviction can mean.
What is the difference between sexual assault and sexual assault?
Sexual assault and sexual violence are terms often used to differentiate between different types of sexual abuse crimes. However, the terms “sexual assault” and “sexual assault” are not used in the federal criminal code, and the Maine Criminal Code does not refer to “sexual assault.”
Instead, “serious sexual abuse” is the term given to sexual assault at the federal level (sexual assault is “sexual abuse”) and in Maine, sexual assault is called “serious sexual assault.”
The main difference between sexual violence and sexual assault is whether an element of force or the threat of force was used. Sexual assault is the most likely charge if force or threat of force was used, while almost any other threat or unwanted sexual contact can be classified as sexual assault.
What is aggravated sexual assault in Maine?
Aggravated sexual assault is the term used in Maine for sexual assault. This is the crime of engaging in a sexual act (oral or anal sex or direct genital contact) when the victim does not consent or is incapable of consenting.
Serious Aggravated Sexual Assault in Maine
Serious aggravated sexual assault is an even more serious version of the offense, in which:
- The victim submits under duress (force or threats of force, injury or kidnapping), or
- The victim is under the age of 14 and is not married to the accused.
Aggravated offenses are punished more severely than standard offenses of serious sexual assault.
What are other types of serious sexual assaults in Maine?
Charges of aggravated sexual assault may also be brought against an accused when:
- The defendant gave the victim a drug or intoxicant that impaired the victim’s self-control.
- The accused uses threats to coerce or induce 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 incapable of consenting to or understanding the act.
- The victim is unconscious or physically unable to resist.
- The victim is under the age of 18 and the accused is the victim’s parent or guardian.
- The victim is a prisoner, an inmate on probation or parole, and the defendant has official authority over the victim.
In such cases, the relationship between the accused and the victim may be important. Charges of aggravated sexual assault can even be filed in situations where the contact was allegedly consensual. For example, a high school teacher who allegedly has sexual relations with one of the students in his class could be charged and convicted of aggravated sexual assault in Maine.
Penalties for Aggravated Sexual Assault in Maine
Possible penalties for aggravated sexual assault in Maine depend largely on the nature of the crime and the criminal record of the accused.
Aggravated sexual assault based on the relationship between the parties is a class C felony in Maine. This is punishable by up to five years in prison and a fine of up to $5,000.
Other types of aggravated sexual assault charges are classified as Class B felonies, punishable by up to 10 years in prison and a fine of up to $20,000.
Aggravated and aggravated sexual assault is a Class A felony, punishable by up to 30 years in prison and a fine of up to $50,000.
What is the difference between domestic violence and aggravated sexual assault in Maine?
“Domestic violence assault” is the term used in the Maine Criminal Code to define an assault against a family member or household member. This may include spouses, domestic partners, people who live together, biological parents of a child, minor children, or any prior sexual partners.
In Maine, assault is when a person intentionally causes harm to another person. However, the harm need not result in physical injury. This may include offensive physical contact, such as grabbing, pushing or shoving, that harms the emotional, psychological or physical well-being of the targeted person.
If a person is suspected of such acts in a domestic setting, they may be charged with domestic violence assault.
There are significant differences between domestic violence-related assaults and serious sexual assaults:
| Domestic Violence Assault in Maine | Serious sexual assault in Maine |
|---|---|
| Involves a domestic relationship | The relationship between the accused and the victim may or may not be significant |
| No sexual contact is required | Non-consensual sexual contact is required |
| No emphasis on consent | Lack of consent is key to prosecution |
| Prosecuted as a Class C or Class D felony (misdemeanor or felony) | Commonly prosecuted as a Class A felony (the most serious category) |
| Class C felonies carry a maximum penalty of 364 days in jail and a fine of up to $2,000. Class D | Class A misdemeanors can be punishable by up to 30 years in prison and/or a fine. |
| penalties include up to 5 years in prison and/or a $5,000 fine. | which can go up to $50,000. Class B felonies are punishable by up to 10 years in prison and/or a fine of up to $20,000. |
What are the possible defenses against aggravated sexual assault in Maine?
The main defenses associated with aggravated sexual assault charges in Maine include:
- The honest belief that consent has been given
- The victim confused the accused with another person
- The victim intentionally took a drug and then engaged in sexual activity while impaired.
- The marriage defense (may be valid in cases prosecuted because of the relationship between the victim and the accused, such as a psychiatrist and a patient)
For experienced legal help regarding any criminal charges, call the Maine Criminal Defense Group at 207-571-8146 for an initial assessment of the case.
Accused of sexual violence?
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