In Maine, it is illegal for a person to have a consensual sexual activity with a minor under the age of 16, with a few exceptions.
For any accused or accused of statutory rape according to the laws on the age of consent, it is important to understand that these accusations must be taken very seriously. The accusations for several criminal offenses can apply, including gross sexual assault, sexual abuse of a minor or a crime of sexual contact.
The serious consequences of a conviction generally include incarceration for 1 to 5 years. The most serious offenses are considered a serious sexual assault, with consequences comprising 30 years of imprisonment – more other sanctions.
Let’s go a little further in these laws.
What is the age of consent in Maine?
Under the laws on the age of Maine consent, minors under the age of 16 are unable to give enlightened consent to sexual activities. Anyone suspected of having violated these laws may be accused of statutory rape and accused of one of the many sexual crimes. Whether the child is granted or not is unimportant.
Certain exceptions recognize the difference between a mature adult engaging in a sexual activity with a minor individual and another at the near age doing the same. It must be remembered, however, that everything non -consensual sexual activity With another individual is illegal in Maine, whatever their age.
Exceptions to laws on the age of consent in Maine
If the minor is over 14 years old and the defendant is less than five more than five more, consensual sexual acts between the two are not considered a statutory rape.
. If the minor is under the age of 14, neither sexual contact with a person under three more than three years old, nor sexual touch with a person of five more years are considered a statutory rape as long as contact is consensual.
Maine statutory rape penalties
Penalties of statutory rape in Maine depend on the precise nature of the associated criminal accusation. The four main accusations associated with this sexual crime in Maine are raw sexual assault, sexual abuse of minor, illegal sexual contact and illegal sexual touch.
The sanctions largely depend on the ages of the accused and the victim and the type of driving occurred – as well as the criminal history of the accused.
Raw penalties of sexual assault
Raw accusations of sexual assault are generally brought against people accused of engaging in sex with a person under 14 years of age. This offense constitutes a class A crime and sanctions include:
- Until 30 years in prison
- Fine of $ 50,000
- A minimum duration of prison compulsory for 20 years if the victim is under 12 years old
Sexual abuse of a minor penalty
The sexual abuse of a minor are generally deposited against those who are at least 10 years older than the minor and are accused of engaging in sexual contact with a minor over 14 years old but under 16 years of age.
If the offender engages in a sexual act with a child aged 14 or 15 when he is at least five years older than the victim, this accusation can also apply.
Grute sexual assault is a class C or D crime in Maine and the sanctions include:
- Up to five years of incarceration
- A fine of $ 2,000 to $ 5,000
Illegal sexual contact penalties
Accusations of illegal sexual contacts are generally deposited against the accused of having sex with a person under 14 when they are at least three years older than this person – or when the victim is aged 14 or 15 and that the defendant is at least 10 years older.
An illegal sexual contact can constitute a crime of class A, B, C or D, depending on the age of the victim and if the penetration occurs.
In the most serious cases, where there is the penetration of a victim under the age of 12, sanctions can be the same as those for gross sexual assault (up to 30 years in prison and a fine of $ 50,000).
Illegal sexual penalties
Illegal sexual accusations are generally deposited against those who are at least five years older than the alleged victim and accused of touching a minor under the age of 14.
Illegal sexual touch is a class D crime in Maine and sanctions include:
- Less than a year of incarceration
- A fine of $ 2,000
Teaching relations-students and laws on the statutory rape of Maine
In Maine, teachers are considered in a unique position of responsibility. As such, special rules apply in cases of statutory rape involving teachers and students in the same school district:
- Statutory rape constitutes a serious sexual assault and will be continued as a class C crime when the student is of all ages.
- The sexual abuse of a minor leads to a class E office if the teacher is at least 21 years old and the student is 16 or 17 years old.
- An illegal sexual contact between a teacher and a student is a class D crime unless there is penetration, in which case he is treated as a class C crime.
- A teacher who engages in the illegal sexual touch of a student will be accused of a class D crime.
What is the Maine’s “Romeo-Et-Juliette”?
The laws “Romeo-and-Juliette” protect young people from criminal charges for participating in consensual sexual conduct with others near their age.
In Maine, these laws are only applied when consensual sexual conduct implies close minors at the near age which are at least 14 years old. Thus, a person who engages in a sexual activity with a man aged 14 or 15 but who is not more than five more than five more will not be accused of an offense.
Common defenses to the costs of statutory rape in Maine
Everyone is entitled to a defense and sometimes people are wrongly accused of statutory rape in Maine. After discussions with a criminal defense lawyer, one of the following defense strategies can be sustained:
- Real innocence: The defendant did not commit the crime as charged.
- Age error:The defendant had no reasonable reason to know that the alleged victim was a minor. This defense cannot be used to defend the accusations of sexual abuse of a minor aged 14 or 15 if the conviction that the child was over 16 was reasonable.
- Marriage: In Maine, a defense of marriage can be used in cases of statutory rape unless the spouses live and are no longer considered “married”.
Note again that consent is not a valid defense in statutory rape proceedings because the victim is under 16 and is unable to give informed consent.