Statutory Rape Laws and Age of Consent in Maine

In Maine, it is illegal for a person to have consensual sexual activity with a minor younger than 16, with a few exceptions.

For anyone accused or charged with statutory rape based on the age of consent laws,  it’s important to understand that these accusations need to be taken very seriously. Charges for several criminal offenses may apply, including gross sexual assault, sexual abuse of a minor, or a sexual contact crime.

The severe consequences of a conviction usually include incarceration for 1-5 years.The most serious offenses are considered gross sexual assault, with consequences including 30 years of imprisonment —plus other penalties.

Let’s go a little deeper into these laws.

What is the Age of Consent in Maine?

Under Maine’s age of consent laws, minors under the age of 16 are incapable of giving informed consent to sexual activities. Anyone suspected of breaching these laws can be accused of statutory rape and charged with one of several sexual crimes. Whether the child consented or not is immaterial.

Some exceptions recognize the difference between a mature adult engaging in sexual activity with a minor and another close-in-age individual doing the same. It should be remembered, however, that any non-consensual sexual activity with another individual is illegal in Maine, regardless of age.

Exceptions to the Age of Consent Laws in Maine

If the minor is over the age of 14 and the defendant is less than five years older, consensual sexual acts between the two are not considered statutory rape.

.If the minor is under 14 years old, neither sexual contact with a person less than three years older nor sexual touching with a person five years older are considered statutory rape as long as the contact is consensual.

Maine Statutory Rape Penalties

Statutory rape penalties in Maine depend on the precise nature of the associated criminal charge. The four main charges associated with this sex crime in Maine are gross sexual assault, sexual abuse of a minor, unlawful sexual contact, and unlawful sexual touching.

Penalties depend largely on the ages of the defendant and victim and the type of conduct that occurred—as well as the criminal history of the accused.

Gross sexual assault penalties

Gross sexual assault charges are usually filed against those accused of engaging in a sexual act with someone under the age of 14. This offense constitutes a Class A crime and penalties include:

• Up to 30 years in prison
• $50,000 fine
• A mandatory minimum prison term of 20 years if the victim is under 12 years old

Sexual abuse of a minor penalties

Sexual abuse of a minor charges are usually filed against those who are at least 10 years older than the minor and are accused of engaging in sexual contact with a minor who is older than 14 but younger than 16.

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 charge can also apply.

Gross sexual assault constitutes a Class C or D crime in Maine and penalties include:

• Up to five years of incarceration
• A fine of $2,000 to $5,000

Unlawful sexual contact penalties

Unlawful sexual contact charges are usually filed against those accused of having sexual contact with someone under the age of 14 while they are at least three years older than that person—or when the victim is age 14 or 15 and the defendant is at least 10 years older.

Unlawful sexual contact can constitute a Class A, B, C, or D crime, depending on the age of the victim and whether penetration occurs.

In the most severe cases, where there is penetration of a victim under the age of 12, penalties can be the same as those for gross sexual assault (up to 30 years in prison and a $50,000 fine).

Unlawful sexual touching penalties

Unlawful sexual touching charges are usually filed against those who are at least five years older than the alleged victim and accused of sexual touching a minor less than 14 years of age.

Unlawful sexual touching constitutes a Class D crime in Maine and penalties include:

• Less than one year of incarceration
• A $2,000 fine

Teacher-Student Relationships and Maine’s Statutory Rape Laws

In Maine, teachers are considered to be in a unique position of responsibility. As such, special rules apply in statutory rape cases involving teachers and students in the same school district:

• Statutory rape constitutes gross sexual assault and will be prosecuted as a Class C crime when the student is of any age.
• Sexual abuse of a minor results in a Class E charge if the teacher is at least 21 years old and the student is 16 or 17.
• Unlawful sexual contact between a teacher and student is a Class D crime unless there is penetration, in which case it is treated as a Class C crime.
• A teacher who engages in the unlawful sexual touching of a student will be charged with a Class D crime.

What is Maine’s “Romeo-and-Juliet” Law?

“Romeo-and-Juliet” laws protect young people from criminal charges for engaging in consensual sexual conduct with others close to their age.

In Maine, these laws are applied only when consensual sexual conduct involves close-in-age minors who are at least 14. So, an individual who engages in sexual activity with a 14- or 15-year-old but who is no more than five years older will not usually be charged with an offense.

Common Defenses to Statutory Rape Charges 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 attorney, one of the following defense strategies may be argued:

• Actual innocence: The defendant did not commit the crime as charged.
• Mistake of age: The defendant had no reasonable reason to know that the alleged victim was underage. This defense can only be used to defend charges of sexual abuse of a minor aged 14 or 15 if the belief that the child was over 16 was reasonable.
• Marriage: In Maine, a marriage defense can be used in statutory rape cases unless the spouses are living apart and no longer considered “married”.

Note again that consent is not a valid defense in statutory rape prosecutions because the victim is younger than 16 and is incapable of providing informed consent.

For experienced legal help and support with a statutory rape charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.

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