Sexual assaults a primarily directed towards women and children.  However, while it is extremely rare, men can also be the victims of sexual assault.  Oftentimes, the only witnesses to the assault are the alleged victim and the accused.  There may be evidence of violent assault if the victim suffered bruising / lacerations or evidence of the accused’s DNA found when employing a rape kit.  Sometimes there is no hard evidence at all.

The golden rule in any criminal case, but especially in a case where you are accused of sexual assault is to immediately invoke your right to silence and request an attorney.  NEVER speak with the police about the crime, even if you believe you are truly innocent.  Once you are the target of an investigation the worst thing you can do is speak with the police.  The damage done through a “confession” may cause irreparable harm to your case.

Gross Sexual Assault

1. 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 the result of compulsion or the other person, not the actor’s spouse, has not attained the age of 14 years old.  Violation of this paragraph is a Class A felony punishable by a maximum of 40 years prison and a fine of $50,000.00.

2. A person is guilty of gross sexual assault if that person engages in a sexual act with another person and:

A. The actor has substantially impaired the other person’s power to appraise or control the other person’s sexual acts by furnishing, administering or employing drugs, intoxicants or other similar means. Violation of this paragraph is a Class B crime;

B. The actor compels or induces the other person to engage in the sexual act by any threat. Violation of this paragraph is a Class B crime;

C. The other person suffers from mental disability that is reasonably apparent or known to the actor, and which in fact renders the other person substantially incapable of appraising the nature of the contact involved or of understanding that the person has the right to deny or withdraw consent. Violation of this paragraph is a Class B crime;

D. The other person is unconscious or otherwise physically incapable of resisting and has not consented to the sexual act. Violation of this paragraph is a Class B crime;

E. The other person, not the actor’s spouse, is under official supervision as a probationer , a parolee, a sex offender on supervised release, a prisoner on supervised community confinement status or a juvenile on community reintegration status or is detained in a hospital, prison or other institution, and the actor has supervisory or disciplinary authority over the other person. Violation of this paragraph is a Class B crime;

F. The other person, not the actor’s spouse, has not in fact attained the age of 18 years 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 having instructional, supervisory or disciplinary authority over the student. Violation of this paragraph is a Class C crime;

G. The other person, not the actor’s spouse, has not attained the age of 18 years and is a resident in or attending a children’s home, day care facility, residential child care facility, drug treatment center, youth camp licensed under Title 22, section 2495 or similar school, facility or institution regularly providing care or services for children, and the actor is a teacher, employee or other person having instructional, supervisory or disciplinary authority over the other person. Violation of this paragraph is a Class C crime;

H. The other person has not in fact attained the age of 18 years and the actor is a parent, stepparent, foster parent, guardian or other similar person responsible for the long-term care and welfare of that other person. Violation of this paragraph is a Class B crime;

I. The actor is a psychiatrist, a psychologist or licensed as a social worker or purports to be a psychiatrist, a psychologist or licensed as a social worker to the other person and the other person, not the actor’s spouse, is a patient or client for mental health therapy of the actor. As used in this paragraph, “mental health therapy” means psychotherapy or other treatment modalities intended to change behavior, emotions or attitudes, which therapy is based upon an intimate relationship involving trust and dependency with a substantial potential for vulnerability and abuse. Violation of this paragraph is a Class C crime; or

J. The actor owns, operates or is an employee of an organization, program or residence that is operated, administered, licensed or funded by the Department of Health and Human Services and the other person, not the actor’s spouse, receives services from the organization, program or residence and the organization, program or residence recognizes the other person as a person with mental retardation. It is an affirmative defense to prosecution under this paragraph that the actor receives services for mental retardation or is a person with mental retardation as defined in Title 34-B, section 5001, subsection 3. Violation of this paragraph is a Class C crime.

Unlawful Sexual Contact

1. A person is guilty of unlawful sexual contact if the actor intentionally subjects another person to any sexual contact and:

A. The other person has not expressly or impliedly acquiesced in the sexual contact. Violation of this paragraph is a Class D crime;

B. The other person has not expressly or impliedly acquiesced in the sexual contact and the sexual contact includes penetration. Violation of this paragraph is a Class C crime;