Maine Sexual Assault Laws and Penalties

In Maine, it’s a crime to engage in sexual conduct with another person who hasn’t consented, can’t legally consent, or is coerced. Engaging in this unlawful conduct can result in charges of gross sexual assault, unlawful sexual contact, or unlawful sexual touching.

This article covers sexual conduct crimes that don't fall under the common definition of statutory rape. For these aged-based offenses, check out Maine’s Statutory Rape Laws.

Understanding Maine’s Sexual Conduct Crimes

Maine doesn’t use the term “rape” in its criminal code. Rather, the law has three main sexual assault crimes based on the type of sexual conduct involved. A person commits one of these crimes by engaging in sexual conduct when the victim doesn’t consent or can’t give legal consent.

How Maine Defines Sexual Conduct Crimes

Maine’s sexual conduct crimes are:

• gross sexual assault when the conduct involves a sexual act
• unlawful sexual contact when the conduct involves sexual contact, and
• unlawful sexual touching when the conduct involves sexual touching.

Sexual acts include oral, genital, and anal sex, as well as having direct contact with another’s genitals or anus with an instrument or device for sexual arousal or to cause bodily injury or offensive physical contact.

Sexual contact involves any touching of another’s genitals or anus (short of a sexual act), directly or through clothing, for sexual arousal or to cause bodily injury or offensive physical contact.

Sexual touching means any touching of the breasts, buttocks, groin, or inner thigh, directly or through clothing, for sexual arousal.

Punishment for Maine’s Sexual Conduct Crimes

Maine’s sexual conduct crimes impose a range of penalties depending on how the offense occurred. The harshest penalties apply to sexual conduct involving force, coercion, or an incapacitated victim. The next harshest penalties apply to situations when a defendant holds a position of authority, or special relationship with, the victim. Finally, these crimes cover age-based situations, known as statutory rape (which are not covered here).

(Me. Rev. Stat. tit. 17-A, §§ 251, 253, 255-A, 260 (2024).)

What Are the Penalties for Gross Sexual Assault in Maine?

A person commits gross sexual assault by engaging in a sexual act when the victim does not consent, can’t legally consent, or submits under compulsion. Penalties for gross sexual assault in Maine range from a Class A to Class C crime (felony-level offenses).

• Class A crimes carry up to 30 years of prison time and a $50,000 fine.
• Class B crimes carry up to 10 years of prison time and a $20,000 fine.
• Class C crimes carry up to 5 years of prison time and a $5,000 fine.

Gross Sexual Assault Involving Force or Threat of Violence

The harshest penalties for gross sexual assault—a Class A crime—apply when a defendant uses compulsion to force the victim to submit to the sexual act. Compulsion can be physical force or threats of physical force that limit the victim’s ability to resist or that place the victim in fear of death, serious bodily injury, or kidnapping.

Gross Sexual Assault Involving Impairment or Inducement

A conviction for gross sexual assault carries penalties for a Class B crime when:

• the defendant impairs the victim through drugs, alcohol, or other intoxicants
• the defendant compels or induces the victim to engage in sexual acts
• the victim is unconscious or physically incapable of resisting, or
• the defendant knows or should know the victim suffers from a mental disability and is incapable of understanding the conduct involved.

A defendant who acts with criminal negligence concerning whether consent was given commits a class C crime.

Gross Sexual Assault Involving Position of Authority or Certain Relationships

Maine’s law makes certain people incapable of giving legal consent to sexual acts based on the defendant’s position of authority over the victim. Most of these acts are Class C crimes, although a few are considered Class B crimes.

It’s a Class B crime when:

• the defendant is a minor victim’s parent, stepparent, foster parent, or guardian
• the defendant is a law enforcement officer and the victim is under the arrest, custody, or detention of the officer, or
• the defendant has authority over a victim who is a probationer, parolee, supervised release, prisoner, inmate, or detainee.

Examples of Class C crimes involve the following defendant-victim relationships:

• a teacher or school official and a student (within the past 12 months)
• a mental health care provider and a current patient or client, and
• an operator or employee of a DHHS facility providing services to persons with intellectual or mental health disabilities and a resident, patient, or client.

As noted above, sexual activity with a minor younger than the age of consent can also result in gross sexual assault and other charges.

Enhanced Sentencing for Repeat Sexual Assault Offenders

Maine provides stiff penalties, including life sentences, for defendants with multiple convictions for gross sexual assault. A defendant who has prior convictions for unlawful sexual contact can also receive a harsher sentence.

(Me. Rev. Stat. tit. 17-A, §§ 253, 253-A, 1604 (2024).)

What Are the Penalties for Unlawful Sexual Contact in Maine?

It is also a crime in Maine to engage in unlawful sexual contact (genital or anal touching, short of a sexual act) with a victim who hasn’t or can’t consent. A conviction for unlawful sexual contact carries penalties ranging from a Class B to E crime (for non-age-based crimes).

• Class B crimes carry up to 10 years of prison time and a $20,000 fine.
• Class C crimes carry up to 5 years of prison time and a $5,000 fine.
• Class D crimes carry up to 364 days in jail and a $2,000 fine.
• Class E crimes carry up to 180 days in jail and a $1,000 fine.

Similar to gross sexual assault, penalties for unlawful sexual contact are based on how the offense occurred.

• Unlawful sexual contact carries penalties for a Class C crime if the defendant used force or threats of force to cause the victim to submit, or held a position of authority over the victim (parental or correctional authority).
• If the offense involved impairment of a victim or the victim was unable to consent, the crime is a Class D crime.
• Committing unlawful sexual contact when a defendant acts negligently in getting consent is a Class D crime.
• For unlawful sexual contact crimes involving certain relationships between the defendant and victim (such as teacher or therapist), the offense is either a Class D or E crime.

All of these crimes increase by one level if penetration occurs. For example, a Class D crime would bump up to a Class C crime.

(Me. Rev. Stat. tit. 17-A, §§ 251, 255-A, 1604 (2024).)

What Are the Penalties for Unlawful Sexual Touching in Maine?

A person commits unlawful sexual touching by touching another's breasts, buttocks, or groin for a sexual purpose when the victim doesn’t or can’t consent, the defendant holds certain positions of authority over the victim, or one of the above-listed relationships exists between the parties. Most convictions under this section are Class D crimes, which carry up to 364 days of jail time and a $2,000 fine.

(Me. Rev. Stat. tit. 17-A, §§ 260, 1604 (2024).)

Sex Offender Registration in Maine

Most individuals convicted of gross sexual assault and unlawful sexual contact must register as in Maine. Registration lasts 10 years to life. Failure to register is a criminal offense.

(Me. Rev. Stat. tit. 34-A, §§ 11273, 11282, 11285, 11288 (2024).)

Obtaining Legal Assistance

Maine's sex crime laws are complicated. If you're charged with a sex crime, you should contact a local criminal defense attorney who can explain how your case is likely to be treated in court and what to do to present the strongest possible defense.