Maine Statute of Limitations on Sexual Abuse

Maine does not have a criminal statute of limitations for most sexual crimes, including child sexual abuse, incest, rape, gross sexual assault, and unlawful sexual contact. Other Class A, B, and C felonies have a six-year SOL, while Class D felonies and misdemeanors have a three-year statute. However, Maine lawmakers are considering legislation that would eliminate time limits on criminal charges for certain kinds of childhood sexual abuse.

What Is Considered Sexual Abuse?

Sexual abuse is a term that encompasses a broad range of non-consensual sexual activities. It’s a severe violation of a person’s rights and dignity, often causing significant physical and psychological harm.

Types of Sexual Abuse

Sexual abuse includes a wide array of behaviors, not just intercourse. Some examples are unwanted touching, forcing a person to perform sexual acts, exposing oneself, voyeurism, and non-consensual sharing of intimate images. It can also include sexual exploitation, where a person is coerced into sexual activities for another’s gain or satisfaction.

Child Sexual Abuse

This form of abuse involves an adult or older adolescent engaging in sexual activity with a minor. It can include both physical and non-physical forms of abuse. Non-physical sexual abuse might involve exposure to pornographic material, indecent exposure, or manipulation into non-contact sexual behavior. Child sexual abuse is particularly damaging due to the inherent power dynamics and the long-lasting psychological effects on the child.

Incest

This is a form of sexual abuse that occurs between relatives or close family members, where there is usually a significant power or age imbalance. Incest is a deeply traumatizing form of abuse that often remains hidden due to family dynamics and the victim’s fear, guilt, or shame.

Workplace Sexual Harassment

Sexual harassment in the workplace is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. It includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex.

The Equal Employment Opportunity Commission (EEOC) and the concept of a “Right to Sue” letter come into play, particularly in cases of workplace sexual harassment.

Equal Employment Opportunity Commission (EEOC)

The EEOC is a federal agency responsible for enforcing federal laws that prohibit discrimination, including sexual harassment, in the workplace. If you’re a victim of workplace sexual harassment, your first step is typically to file a charge with the EEOC. The agency then investigates your complaint and determines whether there’s sufficient evidence to establish that discrimination occurred.

Right to Sue Letter

After you file a charge with the EEOC, the agency may issue a “Right to Sue” letter. This letter gives you the green light to file a lawsuit in a court of law. There are three typical situations in which you would receive a Right to Sue letter:

• The EEOC has completed its investigation and decided not to file a lawsuit on your behalf.
• More than 180 days have passed since your charge was filed, and the EEOC has not yet completed its investigation.
• Under certain circumstances, you can request a Right to Sue letter before the investigation is completed.

Power Dynamics

Sexual abuse often involves an abuse of power, with the perpetrator exerting control over the victim. This power dynamic can occur in many contexts, such as between an adult and a child, an employer and an employee, or within a relationship where one person holds more power.

Civil Lawsuits for Sexual Abuse

In the aftermath of sexual abuse, victims may choose to pursue justice through both criminal prosecution and civil litigation. While criminal cases are intended to punish the offender for illegal conduct, civil cases are designed to provide the victim with monetary compensation for the harm they’ve endured. This approach acknowledges the wide-ranging, often long-term impacts of sexual abuse, which can extend far beyond immediate physical harm.

In a civil lawsuit for sexual abuse, the victim, now the plaintiff, sues the perpetrator (the defendant) for damages. The purpose of this lawsuit is to hold the perpetrator financially accountable for the economic and non-ecomonic damages they caused, irrespective of any criminal proceedings that may also occur.

Economic Damages

Economic damages are the direct financial costs incurred as a result of the abuse. They may include medical expenses such as therapy or counseling costs, medications, or surgeries related to the abuse. If the abuse has caused the victim to miss work or lose their job, lost wages can also be claimed. Additionally, victims can seek compensation for future loss of earning capacity if the abuse has left them unable to work or reduced their ability to earn.

Non-Economic Damages

Non-economic damages are more subjective and pertain to the psychological and emotional impact of the abuse. They can be more difficult to quantify than economic damages but are no less real or valid. Non-economic damages may include compensation for pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship or consortium.

Burden of Proof

In civil cases, the burden of proof is typically lower than in criminal cases. Rather than proving the defendant’s guilt “beyond a reasonable doubt” (as in a criminal case), the plaintiff typically needs to demonstrate that it is “more likely than not” (a preponderance of the evidence) that the defendant caused the harm.

Third-Party Liability

In some cases, a third party, such as an institution (a school, religious organization, etc.), can be held liable if they failed to prevent the abuse, especially if there was a known risk.

Criminal Cases for Sexual Abuse

Criminal proceedings for sexual abuse involve the state or federal government prosecuting an individual (the defendant) accused of committing such abuse. The purpose of these proceedings is to determine the defendant’s guilt and impose appropriate penalties, not to compensate the victim (which is the purpose of civil lawsuits).

Severity of Charges

The specific charges brought against an individual depend on the nature and severity of the sexual abuse. For instance, a misdemeanor charge might be brought for lesser offenses such as non-consensual touching, while more severe offenses like rape or child molestation are typically charged as felonies.

Sex Offender Registration

People convicted of sexual abuse must register as sex offenders, often for many years and sometimes for life. This registration requirement serves to inform the public about the presence of convicted sex offenders and is meant to help protect communities from future offenses.

Trial Process

A criminal case generally involves several stages: arrest, arraignment (where the defendant pleads guilty or not guilty), discovery (where both sides gather and share evidence), plea bargaining (where a deal may be struck to avoid trial), trial (where guilt is determined), and sentencing (where penalties are imposed).

Burden of Proof

In a criminal trial, the prosecution must prove beyond a reasonable doubt that the defendant committed the crime. This is the highest standard of proof in the legal system, and it means that the jury must be very certain of the defendant’s guilt to convict.

Right to a Defense

Defendants in criminal cases have the right to a defense and are presumed innocent until proven guilty. A criminal defense lawyer can challenge the prosecution’s evidence, present alternative theories, and work to ensure the defendant’s rights are protected.

What Is the Punishment for Sexual Abuse?

In Maine, gross sexual assault against a child under the age of 14 is a Class A crime, punishable by up to 30 years in prison and a fine of up to $50,000. Otherwise, gross sexual assault is a Class C crime, punishable by up to five years in prison and a fine of up to $5,000. Sexual abuse of a minor aged 14 or 15 is a Class D crime, punishable by up to one year in prison and a fine of up to $2,000. If the defendant is at least ten years older than the child, it is a Class C crime, punishable by up to five years imprisonment and a fine of as much as $5,000.

Do I Need a Lawyer?

If you’re facing criminal charges related to sexual abuse, having an experienced and dedicated defense attorney on your side is essential. A Maine criminal defense lawyer can help you understand the charges you’re facing, your rights under the law, and the best strategies for your defense.

LegalMatch is a trusted platform that can connect you with a pre-screened criminal defense and personal injury lawyers in your area. You can review the lawyer’s qualifications, experience, and client reviews to ensure they’re the right fit for your unique situation.

Don’t leave your future to chance. Take the first step towards securing the legal representation you need. Use LegalMatch to find a qualified criminal defense lawyer who can advocate for you in court and work diligently to protect your rights.