Today's topic of discussion concerns the charge of gross sexual assault.
Gross sexual assault is an extremely serious charge here in the state of Maine and they are prosecuted with a great deal of vigor. The victim's description or details of the event are taken strongly into consideration by the district attorney's office and these cases are exceedingly difficult to negotiate a positive outcome. Therefore the majority of these cases may have to go all the way to trial and you must be prepared for that strong probability.
According to our statutes, a person is guilty of gross sexual assault if that person engages in a sexual act with another person and the other person submits as a result of compulsion that would be a Class A felony. If the other person is not the actor's spouse and has not in fact attained the age of 14, that would be a Class A felony. If the other person is not the actor's spouse and has in fact not attained the age of 12 years old, that again is a Class A felony. If the victim was overpowered by alcohol or drugs and therefore could not give their consent to the sexual act that would be a Class B felony. Once again a very strong serious charge. If the defendant compels or induces the other to engage in a sexual act by threat that would be a Class B felony. Again a very serious, serious charge.
Sometimes we see cases come through this office that meet qualify as a date rape case. For example, you may have consensual sex with a young lady and something happens later. Maybe there's a break upÉ maybe her mother and father learn of the relationshipÉ now, this consensual act gets turned into an accusation of rape or gross sexual assault. These are serious charges that can have life altering consequences.
If you've been charged with the crime of gross sexual assault or rape here in the state of Maine, you absolutely must pick up the phone, call my office, we need to sit down and talk about your case and talk about a strategy of defense. I look forward to speaking with you soon. Thank you.