Age of Consent Questions for Maine

Q&A on statutory rape laws, age of consent laws, sexual assault laws for Maine. Ask your Question

17 and almost 40...??

:: November 04, 2007 19:02

My best friend in the world is crazy and has had a VERY terrible life. She didn't have the best parents and went through A LOT of sexual abuse and ever since then has been obssesed with older men. Well she fell in love with a guy who was about 36 when she was 16 (twenty year age difference), and she ended up pregnant. Her parents let her move in with him since they couldn't support her and the baby. Her parents wanted to call the police but she turned 17 before the baby is born. Do her parents have the right to call the police because she got pregnant before she reached the age of consent?

The parents are within there rights to file a complaint with police or with the District Attorney. It is the "conception" of the baby, not the birth, that determines whether a crime is committed and what age the minor was when the sexual act occured. If the minor was under the age of consent at the time the sexual intercourse took place, a prosecutor would likely file charges against the man based on the age of the minor at the time the baby was conceived. The birth of the child would be evidence for a prosecutor as to the approximate date of conception thereby determining the age of the minor.

age of consent vs. age of majority

:: August 02, 2007 22:04

I'm 29 years old and an independent athletic coach (I run my own company). I've had sex with my 17 year-old student. She's above the age of consent (16) but still a minor. Could I get in trouble if anyone found out?

The section of the statute below in "Bold" could impact your situation.

§254. Sexual abuse of minors
1. A person is guilty of sexual abuse of a minor if: A. The person engages in a sexual act with another person, not the actor's spouse, who is either 14 or 15 years of age and the actor is at least 5 years older than the other person. Violation of this paragraph is a Class D crime; [2001, c. 383, §21 (amd); §156 (aff).] A-1. The person violates paragraph A and the actor knows that the other person is related to the actor within the 2nd degree of consanguinity. Violation of this paragraph is a Class C crime; [2001, c. 383, §21 (new); §156 (aff).] A-2. The person violates paragraph A and the actor is at least 10 years older than the other person. Violation of this paragraph is a Class C crime; [2001, c. 383, §21 (new); §156 (aff).] B. [1989, c. 401. Pt. A, §5 (rp).] C. The person is at least 21 years of age and engages in a sexual act with another person, not the actor's spouse, who is either 16 or 17 years of age and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or other official in the school district, school union, educational unit, school, facility or institution in which the student is enrolled. Violation of this paragraph is a Class E crime; [2001, c. 383, §21 (amd); §156 (aff).] D. The person violates paragraph C and the actor knows that the student is related to the actor within the 2nd degree of consanguinity. Violation of this paragraph is a Class D crime; [2003, c. 138, §2 (amd).] E. The person violates paragraph C and the actor is at least 10 years older than the student. Violation of this paragraph is a Class D crime; or [2003, c. 138, §2 (amd).] F. The person intentionally subjects another person, not the actor's spouse, who is either 14 or 15 years of age to any sexual contact and the actor is at least 10 years older than the other person. Violation of this paragraph is a Class D crime. [2003, c. 138, §3 (new).] [2003, c. 138, §§2, 3 (amd).] 2. It is a defense to a prosecution under subsection 1, paragraphs A, A-1, A-2 and F, that the actor reasonably believed the other person is at least 16 years of age.[2003, c. 138, §4 (amd).] 3.[2001, c. 383, §21 (rp); §156 (aff).] 4. As used in this section, "related to the actor within the 2nd degree of consanguinity" has the meaning set forth in section 556.[2001, c. 383, §21 (new); §156 (aff).]

PEGNANCY AGE

:: July 31, 2007 13:01

if a girl is 16 and the guy is 18 and the girl gets pregnant is that still illigal?

In Maine, it is a criminal offense if an adult has sexual contact with a minor 14 or 15 years of age and there is an age difference of 5 years or more between them. If a minor is 16 or older and has consensual sex with an adult, this would NOT be considered a criminal sexual offense in the state of Maine unless that adult is 21 years of age or older and is a teacher at the school where the minor is enrolled as a student. For more details please see the law §254. Sexual abuse of minors outlined in the previous post in the previous post titled Sexual Activity

16 having sex with 26

:: July 08, 2007 14:14

my husband made a mistake last year while we were apart he had sex with a 16 year old now a year later she is claiming she had his baby which is technically impossible since you cant be pregnant for a year. now i want a dna test but i need to know if he is going to get into trouble.

If he is a teacher, employee, or other official in a school district, school union, educational unit, school, facility or institution in which the 16 year old was a student enrolled in the same facility, he may be found in violation of 254 Sexual abuse of minors. (statute letter "C" below) If he is not any of the above, he would NOT be found in violation of the law; the age of consent to have sexual intercourse is 16 years of age in the state of Maine. Title 17-A Maine Criminal Code Part 2: Substantive Offenses Chapter 11: Sex Assaults

§254. Sexual abuse of minors
1. A person is guilty of sexual abuse of a minor if: A. The person engages in a sexual act with another person, not the actor's spouse, who is either 14 or 15 years of age and the actor is at least 5 years older than the other person. Violation of this paragraph is a Class D crime; [2001, c. 383, §21 (amd); §156 (aff).] A-1. The person violates paragraph A and the actor knows that the other person is related to the actor within the 2nd degree of consanguinity. Violation of this paragraph is a Class C crime; [2001, c. 383, §21 (new); §156 (aff).] A-2. The person violates paragraph A and the actor is at least 10 years older than the other person. Violation of this paragraph is a Class C crime; [2001, c. 383, §21 (new); §156 (aff).] B. [1989, c. 401. Pt. A, §5 (rp).] C. The person is at least 21 years of age and engages in a sexual act with another person, not the actor's spouse, who is either 16 or 17 years of age and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or other official in the school district, school union, educational unit, school, facility or institution in which the student is enrolled. Violation of this paragraph is a Class E crime; [2001, c. 383, §21 (amd); §156 (aff).] D. The person violates paragraph C and the actor knows that the student is related to the actor within the 2nd degree of consanguinity. Violation of this paragraph is a Class D crime; [2003, c. 138, §2 (amd).] E. The person violates paragraph C and the actor is at least 10 years older than the student. Violation of this paragraph is a Class D crime; or [2003, c. 138, §2 (amd).] F. The person intentionally subjects another person, not the actor's spouse, who is either 14 or 15 years of age to any sexual contact and the actor is at least 10 years older than the other person. Violation of this paragraph is a Class D crime. [2003, c. 138, §3 (new).] [2003, c. 138, §§2, 3 (amd).] 2. It is a defense to a prosecution under subsection 1, paragraphs A, A-1, A-2 and F, that the actor reasonably believed the other person is at least 16 years of age.[2003, c. 138, §4 (amd).] 3.[2001, c. 383, §21 (rp); §156 (aff).] 4. As used in this section, "related to the actor within the 2nd degree of consanguinity" has the meaning set forth in section 556.[2001, c. 383, §21 (new); §156 (aff).]

sexual activity

:: June 17, 2007 16:19

Is it illegal for a 16 year old to have sex with a 23 year old?

In Maine, the age at which a person can legally consent to have sexual relations is 16. This means, that if a 16 year old consented to have sexual relations with the 23 year old, (except under certain circimstances "C" and "D" outlined in bold. below) he would not be found in violation of "254 Sexual abuse of minors"; however, if the parents of the minor child object to the 23 year old's relationship with the 16 year old and take legal action to prevent it, there may be other serious non-sexual offenses the 23 year old could be found in violation of. The parents have a legal right and obligation to protect their minor child and maintain control over the minor child's behavior until the child turns 18. Certain exceptions in the law change the age of legal consent from 16 to 18 years of old. Chapter 11: Sex Assaults

§254. Sexual abuse of minors
1. A person is guilty of sexual abuse of a minor if: A. The person engages in a sexual act with another person, not the actor's spouse, who is either 14 or 15 years of age and the actor is at least 5 years older than the other person. Violation of this paragraph is a Class D crime; [2001, c. 383, §21 (amd); §156 (aff).] A-1. The person violates paragraph A and the actor knows that the other person is related to the actor within the 2nd degree of consanguinity. Violation of this paragraph is a Class C crime; [2001, c. 383, §21 (new); §156 (aff).] A-2. The person violates paragraph A and the actor is at least 10 years older than the other person. Violation of this paragraph is a Class C crime; [2001, c. 383, §21 (new); §156 (aff).] B. [1989, c. 401. Pt. A, §5 (rp).] C. The person is at least 21 years of age and engages in a sexual act with another person, not the actor's spouse, who is either 16 or 17 years of age and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or other official in the school district, school union, educational unit, school, facility or institution in which the student is enrolled. Violation of this paragraph is a Class E crime; [2001, c. 383, §21 (amd); §156 (aff).]. D. The person violates paragraph C and the actor knows that the student is related to the actor within the 2nd degree of consanguinity. Violation of this paragraph is a Class D crime; [2003, c. 138, §2 (amd).]. E. The person violates paragraph C and the actor is at least 10 years older than the student. Violation of this paragraph is a Class D crime; or [2003, c. 138, §2 (amd).] F. The person intentionally subjects another person, not the actor's spouse, who is either 14 or 15 years of age to any sexual contact and the actor is at least 10 years older than the other person. Violation of this paragraph is a Class D crime. [2003, c. 138, §3 (new).] [2003, c. 138, §§2, 3 (amd).] 2. It is a defense to a prosecution under subsection 1, paragraphs A, A-1, A-2 and F, that the actor reasonably believed the other person is at least 16 years of age. [2003, c. 138, §4 (amd).] 3. [2001, c. 383, §21 (rp); §156 (aff).] 4. As used in this section, "related to the actor within the 2nd degree of consanguinity" has the meaning set forth in section 556. [2001, c. 383, §21 (new); §156 (aff).]

16 year olds

:: September 01, 2004 02:55

if she is 16, and he is 19, is it illegal to have sex or any sexual contact with that person....can you tell me the penalties if so.....

The law that sets the age of consent at 18 is one which was passed quite some time ago and prohibits sexual intercourse with a person under 18 "of chaste life." Because of the wording of the law, it isn't actually enforced, so practically speaking, 16 is the age of consent is Massachusetts. But the law does exist, so the age of consent is listed here as 18.