Maine Sexual Battery Laws

Sexual Battery in Maine refers to sex crimes not typically covered by rape statutes, such as unlawful sexual contact. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In Maine, sexual battery is codified in the law as “unlawful sexual contact.” The various scenarios of unlawful sexual contact occur when someone intentionally subjects another to any sexual contact and the person:

• has not expressly or impliedly acquiesced in the sexual contact. Class D crime
• has not expressly or impliedly acquiesced in the sexual contact and the sexual contact includes penetration. Class C crime;
• is unconscious or otherwise physically incapable of resisting and has not consented to the sexual contact. Class D crime;
• is unconscious or otherwise physically incapable of resisting and has not consented to the sexual contact and the sexual contact includes penetration. Class C crime;
• is not the actor's spouse, is in fact less than 14 years of age and the actor is at least 3 years older. Class C crime;
• is not the actor's spouse, is in fact less than 12 years of age and the actor is at least 3 years older. Class B crime;
• is not the actor's spouse, is in fact less than 14 years of age and the actor is at least 3 years older and the sexual contact includes penetration. Class B crime;
• is not the actor's spouse, is in fact less than 12 years of age and the actor is at least 3 years older and the sexual contact includes penetration. Class A crime

Penalties for Sexual Battery in Maine 

The penalty for sexual battery in Maine depend on the charges and circumstances included.

• Class A crime: up to 40 years in prison
• Class B: up to 10 years in prison
• Class C: up to 5 years in prison
• Class D: up to 1 year in jail

Defense of a Sexual Battery in Maine 

The list of defenses for Sexual battery in Maine here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Maine  

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.