Maine Rape and Sexual Assault Laws

In Maine, rape, or nonconsensual sexual intercourse, is criminalized under the state's sexual assault law. Sexual assault laws vary state by state but are generally used to outlaw sex crimes where the offender subjects the victim to sexual touching that is unwanted and offensive. The table below outlines Maine's sexual assault law.

Code Section

Maine Revised Statutes 17-A section 253: Gross Sexual Assault

What's Prohibited?

Engaging in a sexual act with another person when:
  • The other person submits as a result of compulsion
  • The other person isn't the offender's spouse and is less than 14 years old
  • The offender impaired the victim's ability to appraise or control the sexual acts by furnishing, administering, or employing drugs, intoxicants, or similar means
  • The offender compels or induces the victim to engage in the sexual act by any threat
  • The victim suffers from a mental disability that is reasonably apparent or known to the offender, and which renders the victim substantially incapable of appraising the nature of the contact involved
  • The victim is unconscious, or otherwise physically incapable of resisting, and hasn't consented to the sexual act
  • The victim isn't the offender's spouse, and is under official supervision as a probationer, a parolee, a sex offender on supervised release, a prisoner on supervised community confinement, a juvenile on community reintegration status, or is detained in a hospital, prison, or other institution, and the offender has supervisory or disciplinary authority over the victim
  • The victim isn't the offender's spouse, is less than 18 years old, and is a student enrolled in a school whether the offender is an employee
  • The victim isn't the offender's spouse, is less than 18 years old, and is attending a children's home, child care facility, drug treatment center, youth camp, or other institution that regularly provides services for children and the actor is an employee of the institution
  • The victim is less than 18 years old and the offender is a parent, stepparent, foster parent, guardian, or other similar person
  • The offender is a psychiatrist, psychologist, or a licensed social worker (or purports to be), the victim isn't their spouse, and is the offender's current patient or client
  • The offender owns or is an employee of a program that is licensed or funded by the Department of Health and Human Services, the victim isn't the offender's spouse, and the victim receives services from the organization, or
  • The offender is employed to provide care to a dependent person (because of their advanced age, or physical or mental disease) who isn't the actor's spouse or domestic partner

Penalties

Gross sexual assault can be a Class B crime or a Class C crime.
  • Class B crimes are punishable by imprisonment for up to 10 years, and/or a $20,000 fine.
  • Class C crimes are punishable by imprisonment for up to five years, and/or a fine of $2,000.

Statutory Rape – Sexual Abuse of Minors

In Maine, statutory rape is referred to as "sexual abuse of minors." This law makes it illegal to engage in sexual relations with someone who is below the legal age of consent.

Getting Legal Help

If you or someone close to you is facing charges for rape or sexual assault, it's important that you consult with an experienced criminal defense attorney.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.