Maine’s Only American Board of Criminal Lawyers Member Defends Your Case
A sexual assault charge in Maine doesn’t wait for a verdict to cause damage. Reputation, employment, and family relationships can fracture the moment an accusation surfaces. What you do in the first hours matters. Anything said to law enforcement before an attorney is involved can be used to build the prosecution’s case, and prosecutors in Maine don’t routinely walk away from these charges on their own.
Zerillo Law Firm has defended sex crime charges in Maine state and federal courts since 2001, including Class A Gross Sexual Assault cases tried in Cumberland County. Tim Zerillo is the only attorney in Maine elected to the American Board of Criminal Lawyers, a nomination-and-vote organization that doesn’t accept applications. He has written and lectured nationally on sex crime defense strategy, and that preparation is applied directly to every case we take.
Same-day consultations are available. If you or someone you know is facing a sexual assault charge in the Portland area, call (207) 618-6555 now to speak directly with an attorney.
Sexual Assault Charges We Defend in Portland
Maine’s criminal code doesn’t use the word “rape.” The primary charge for serious non-consensual sexual acts is Gross Sexual Assault under Title 17-A, §253. Readers searching for rape charges in Maine will find that this statute is the equivalent offense under Maine law. We handle the full range of charges under Title 17-A, Chapter 11, including:
Gross Sexual Assault (§253): Covers sexual acts committed through compulsion, against someone incapacitated or unconscious, against a victim under 14, or where the actor holds a position of authority. Charged as a Class A, B, or C felony depending on circumstances.
Unlawful Sexual Contact (§255-A): Non-consensual touching of intimate areas. Ranges from a Class D misdemeanor to a Class B felony based on victim age and the conduct involved.
Unlawful Sexual Touching: Typically a Class D crime. Doesn’t automatically trigger sex offender registration but still carries criminal and reputational consequences.
Sexual Abuse of a Minor (§254): Applies when the actor is at least five years older than a 14- or 15-year-old victim.
Child Pornography (State and Federal): Possession and distribution charges in both state and federal court.
Invasion of Privacy and Sexual Misconduct: Including offenses involving minors under 14.
Results in Cases Other Firms Said Were Unwinnable
When prosecutors on a Class A Gross Sexual Assault case told us a defense win was impossible, the result was a hung jury. The client was not convicted. We don’t treat that outcome as a prediction. We treat it as a documented example of how preparation and strategy can matter in a hard case.
Tim Zerillo’s standing in the legal community isn’t incidental to this work. As past president of the Maine Association of Criminal Defense Lawyers and a recipient of its President’s Award, he is known to the judges and prosecutors our clients will face in Cumberland County and across Maine. The National Association of Criminal Defense Lawyers named him a “Best of the Best” speaker in both 2022 and 2024. Zerillo Law Firm holds a 10.0 rating on Avvo and has been recognized by Super Lawyers and Best Law Firms. The firm has been ranked the number one law firm in Maine.
When a case requires forensic analysis, medical review, or expert testimony on witness credibility, we draw on a network of professionals built for exactly that purpose. Sex crime defenses often turn on physical evidence and the reliability of accusers, and we prepare accordingly.
Clients communicate directly with their attorney throughout the case. Not a receptionist, not a case manager. The attorney. Reviews consistently name this as the defining difference from larger firms. We’ve responded to questions sent at 2 a.m., and Tim Zerillo arrived at a client’s home within 30 minutes of a federal raid involving the FBI, Maine State Police, and multiple agencies. When urgency is real, we treat it that way.
What a Conviction Can Cost Beyond Prison
Prison time is one consequence. The others don’t end at the cell door. Sex offender registration under Maine’s SORNA law is divided into three tiers: Tier I requires registration for 10 years, Tier II for 25 years, and Tier III for life. Registration carries in-person verification requirements and can place ongoing restrictions on where a person can live and work.
A sexual assault charge can trigger arrest, no-contact orders, and bail conditions that immediately disrupt employment and housing, and that’s before any verdict is reached. A pending charge in fields such as medicine, law, education, or nursing can initiate professional licensing proceedings independent of the criminal case. For non-citizens, a conviction carrying a sentence of one year or more can trigger deportation proceedings.
When we build a defense strategy, we account for all of it. Protecting a professional license, keeping a family stable, and addressing a registration obligation that can last decades are outcomes we keep in focus alongside the criminal charge itself.
Talk to a Portland Sexual Assault Defense Attorney Today
If you’re facing a sexual assault charge in Portland or anywhere in Maine, the time to get an attorney involved is now, before any statements are made and before the prosecution builds its case without opposition. Zerillo Law Firm serves clients throughout Cumberland County and across Maine, with same-day consultations available.
You’ll speak directly with your attorney from the first call through the final resolution. Call (207) 618-6555 to reach Zerillo Law Firm today.
How Maine Law Defines Sexual Assault
All sexual offenses in Maine are governed by Title 17-A, Chapter 11 of the Maine Criminal Code. The framework covers everything from gross sexual assault to unlawful touching, and the specific elements of each charge matter because the prosecution must prove every one of them beyond a reasonable doubt.
Gross Sexual Assault under §253 applies when a person engages in a sexual act with another person who submits as a result of compulsion, who is unconscious or physically incapable of resisting, who is under 14 years of age, or who cannot legally consent because of the actor’s position of authority. Maine law doesn’t require physical violence or physical resistance for conduct to qualify. A sexual act under Maine law includes oral, genital, and anal sex, as well as direct contact using an instrument or device for sexual arousal or to cause bodily injury.
Maine’s age of consent is 16. Anyone 15 or younger cannot legally consent to sexual activity. Sexual activity with a 14- or 15-year-old when the actor is at least five years older may be charged as sexual abuse of a minor under §254. Maine’s “Romeo and Juliet” provision applies when the older party is fewer than five years older than the 14- or 15-year-old, which can negate the age-based element of certain charges.
Penalties for Gross Sexual Assault in Maine
The class of the offense determines the sentencing range, and the circumstances of the alleged conduct determine the class.
Class A Felony: Charged when the offense involves compulsion, a victim under 14, or a victim under 12. Carries up to 30 years in prison and fines up to $50,000. Mandatory minimum sentences apply in certain aggravated circumstances, including offenses against victims under 12.
Class B Felony: Charged when the actor impairs the victim through drugs or alcohol, the victim is unconscious, or the actor knows the victim cannot understand the conduct due to mental disability. Carries up to 10 years in prison and fines up to $20,000.
Class C Felony: Applies in authority-relationship cases, such as a teacher or care provider. Carries up to 5 years in prison and fines up to $5,000.
Unlawful Sexual Contact: Ranges from a Class D misdemeanor to a Class B felony. The Class D floor carries up to one year in jail and a fine up to $2,000.
Sex Offender Registration: Most gross sexual assault and unlawful sexual contact convictions require SORNA registration. Tier I is 10 years, Tier II is 25 years, Tier III is lifetime.
Statute of Limitations for Sexual Assault Charges in Maine
One of the most disorienting aspects of a sexual assault accusation is that it can arrive years or even decades after the alleged incident. Maine law permits this in many circumstances.
For Class A, B, and C felony sexual assault charges involving adult victims, the state has 20 years from the date of the alleged offense to initiate prosecution. For offenses involving a victim under 18, including gross sexual assault, unlawful sexual contact, and sexual abuse of a minor, there is no statute of limitations under Maine law. Charges can be filed at any time, regardless of when the alleged conduct occurred. Misdemeanor sexual offenses must generally be prosecuted within three years. If the accused leaves Maine during that window, the clock may pause, extending the prosecution period further.
Defense Strategies in Maine Sexual Assault Cases
A charge is not a conviction. The state must prove every element of the offense beyond a reasonable doubt, and there are recognized defenses that apply depending on the specific facts of each case. Zerillo Law Firm invests significant time in trial preparation, from examining digital evidence and forensic reports to planning cross-examination and motions to suppress. When the prosecution said a Class A Gross Sexual Assault charge was unwinnable for the defense, we produced a hung jury that prevented conviction entirely.
Consent
When a charge depends on compulsion, a consent defense applies if the encounter was consensual. Regret after an encounter doesn’t transform consent into a crime. We examine the full context of the alleged incident, including communications, prior relationship history, and any evidence of motive to fabricate.
False or Mistaken Allegations
False allegations occur. So does mistaken identification, particularly in cases where evidence is circumstantial. We use forensic evidence, alibi documentation, and witness testimony to challenge whether the accused was involved and whether the accuser’s account holds up against the physical and digital record.
Reasonable Mistake of Age
Maine permits a defendant to raise a reasonable mistake about an alleged victim’s age as a defense to certain charges involving 14- or 15-year-olds. This makes Maine different from most jurisdictions and can be a significant factor in the right case.
Constitutional Violations
Unlawful searches, seizures, or interrogations can result in suppression of evidence gathered through those violations. How investigators handled the case from the start can open procedural challenges that affect what the prosecution is allowed to use at trial.
The Sexual Assault Case Process in Maine
A criminal sexual assault case moves through arrest, arraignment, discovery, motion hearings, potential plea negotiations, and, if no resolution is reached, trial and sentencing. During the investigation phase, before charges are formally filed, anything said to law enforcement can be used against the accused. Contacting a defense attorney before speaking with investigators is strongly advisable.
Bail conditions and no-contact orders can be imposed immediately after arrest, affecting where a person can live and work before any verdict has been reached. Maine prosecutors don’t routinely dismiss sexual assault charges. Effective defense requires active legal challenge of the state’s evidence and case theory at every stage.
Zerillo Law Firm stays in contact from the first meeting through the final result, explaining hearings, filings, and possible outcomes in plain language before any decision is made. If the case needs to move beyond the trial court, we handle appeals before Maine’s Law Court, the First Circuit Court of Appeals, and the United States Supreme Court.
Tim Zerillo has provided an outstanding service and resolved the case with an excellent outcome, when my options were limited and the likelihood of a satisfactory resolution seemed high to impossible. Tim not only carefully weighed all the options, his calm and empathetic demeanor provided me with much needed confidence. He is very attentive and responded to all my questions and concerns with utmost sincerity at every step of the process. He went above and beyond in handling my case, and I am very pleased with the final results. I would highly recommend Tim Zerillo's law firm without any reservations
