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. Maine prosecutors don’t routinely dismiss sexual assault charges.
Zerillo Law Firm has defended sex crime charges in Maine state and federal courts since 2001, including Class A cases under the Gross Sexual Assault statute 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. We bring that preparation 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” as the statutory name for Gross Sexual Assault. Title 17-A, §253 covers sexual acts involving compulsion, a person who hasn’t attained 12 years of age, and other circumstances identified in the statute. We defend allegations across Title 17-A, Chapter 11, from Class E crimes through the most serious felony charges under §253.
Our sexual assault defense work includes:
Gross Sexual Assault (§253): Allegations involving compulsion and other qualifying statutory circumstances. Violations can be charged as a Class A, B, or C felony, depending on the applicable subsection and alleged facts.
Unlawful Sexual Contact (§255-A): Allegations involving sexual contact under circumstances prohibited by Maine law. The offense class depends on factors including age differences and the alleged conduct.
Unlawful Sexual Touching: A separate sexual offense under Maine law that can be charged as a misdemeanor.
Sexual Abuse of a Minor (§254): Charges involving sexual acts with a 14- or 15-year-old when the statutory age-gap requirements are met.
Child Pornography Charges: Possession and distribution allegations prosecuted in Maine state or federal court.
Invasion of Privacy and Sexual Misconduct: Including allegations involving minors under 14.
The exact statute matters. It determines what the prosecution must prove, the class of the charge, the potential sentence, and whether a conviction creates a sex offender registration obligation. We identify the controlling subsection before evaluating the evidence and available challenges.
Gross Sexual Assault Trial Record & Professional Recognition
When prosecutors told us a defense win was impossible in a serious Gross Sexual Assault case, the result was a hung jury. The client wasn’t 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 legal standing reflects his work in these cases. 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.
That trial isn’t our only result in a sexual offense case. Tim Zerillo has won acquittals or obtained hung juries in several Gross Sexual Assault trials and other cases. In a Freeport case involving two men accused of raping a 17-year-old, the jury found both men not guilty.
Evidence challenges can also determine whether a prosecution continues. In a York County case involving sexually explicit materials, we secured suppression of digital evidence. The ruling led to a complete dismissal of the case. Each result arose from its own facts and doesn’t guarantee what will happen in another matter.
When a case requires forensic analysis, medical review, or testimony about witness credibility, we draw on qualified medical professionals, investigators, and other professionals. Sexual offense defenses often turn on physical evidence and the reliability of witness accounts, so we examine both closely.
Our preparation can include:
Examining digital evidence and forensic reports
Comparing witness accounts with the available record
Planning cross-examination
Identifying grounds for motions to suppress
A motion to suppress asks the court to exclude evidence obtained in violation of constitutional requirements. The issues we pursue depend on the charged statute, how investigators collected the evidence, and what the evidence actually shows.
Digital records can include text messages, social media communications, photographs, device data, and other electronically stored material. We review those records in context rather than relying only on the portions selected for a police report or charging document. When medical or forensic evidence is involved, we assess the collection methods, documented findings, and limits of the conclusions being presented.
Direct Communication with Your Attorney
Clients communicate directly with their attorney throughout the case. Not a receptionist or a case manager. The attorney. Reviews consistently identify that access as a defining part of working with us. 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.
We stay in contact from the first meeting through the final result. Before a hearing, filing, plea decision, or trial decision, we explain the available options and what each one means in plain language. That gives you an opportunity to ask questions and understand the risks before making a decision about your case.
What a Conviction Can Cost Beyond Prison
Prison time is one consequence. The others don’t end at the cell door. Qualifying convictions also carry registration duties under Maine’s Sex Offender Registration and Notification Act of 2013. Tier I registration lasts 10 years, Tier II lasts 25 years, and Tier III lasts for life. The applicable tier and registration requirements depend on the offense and classification involved.
The effects of a charge can also reach a person’s family and work before the case is resolved. Because the consequences depend on the client’s circumstances and the specific charge, we ask about family stability, employment, and professional concerns when evaluating defense options.
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, get an attorney involved before making statements or allowing the prosecution to build 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 Gross Sexual Assault
Maine sexual offenses are governed by Title 17-A, Chapter 11 of the Maine Criminal Code. Gross Sexual Assault appears under Title 17-A, §253. The specific subsection charged matters because it identifies the elements the prosecution must prove beyond a reasonable doubt.
Under §253, Gross Sexual Assault includes sexual acts involving compulsion, a person who hasn’t attained 12 years of age, and other qualifying statutory circumstances. Separate provisions address allegations involving impairment by drugs, unconsciousness, and certain authority-based relationships. Depending on the applicable paragraph, those circumstances can support Class B or Class C charges.
The statute contains multiple provisions rather than one universal definition covering every accusation. Age, the relationship between the people involved, the alleged conduct, and the claimed circumstances surrounding that conduct determine which offense prosecutors pursue. Those details also affect the potential sentence and registration consequences.
Age-Gap Rules for Sexual Offenses in Maine
Maine law applies different age-gap thresholds to contact offenses and sexual abuse of a minor. The younger person’s age, the age difference, and whether the alleged contact included penetration can change both the offense and its class.
The statutory thresholds include:
Person Under 14: The offense is a Class C crime when there’s an age gap of at least three years. Alleged penetration raises the classification to Class B.
Person Under 12: An age gap of at least three years supports a Class B charge. Alleged penetration raises the classification to Class A.
Person Age 14 or 15: The offense is classified as Class D when the alleged age gap is at least 10 years.
Sexual Abuse of a Minor: Alleged sexual conduct involving a 14- or 15-year-old is a Class D crime with an age gap of at least five years and a Class C crime with an age gap of at least 10 years.
These thresholds shouldn’t be treated as interchangeable. The charging document and cited statutory subsection must be reviewed to determine which age rule the state is relying on and what facts it must establish.
Penalties for Gross Sexual Assault in Maine
The alleged circumstances determine the offense class and potential sentencing exposure. Sexual offense charges we defend range from allegations carrying up to six months in jail to the most serious charges under §253, which carry up to 30 years in prison and fines up to $50,000.
Key charge and sentencing provisions include:
Subsection 1 Offenses: Violations of Title 17-A, §253, subsection 1 are Class A crimes.
Subsection 2 Offenses: Violations under subsection 2 fall into the statute’s B or C felony classifications according to the applicable statutory paragraph.
Offenses Against Children Under 12: A Gross Sexual Assault offense under §253 committed against a person who hadn’t attained 12 years of age carries a mandatory minimum definite imprisonment term of at least 20 years under Title 17-A, §253-A.
Registration Consequences: A qualifying conviction can require registration for 10 years, 25 years, or life under Maine’s tiered registration system.
Sentencing exposure depends on the statute charged, the offense class, and the alleged circumstances. Reviewing the exact charge is necessary before assessing the potential penalties in an individual case.
Statute of Limitations for Sexual Assault Charges in Maine
A sexual assault accusation can arrive years or even decades after the alleged incident. Maine law permits prosecution after substantial time has passed in qualifying cases.
A prosecution for a Class A, B, or C crime involving Gross Sexual Assault or unlawful sexual contact must begin within 20 years after the alleged offense when the adult-victim rule applies. The filing period depends on the charged crime and the alleged victim’s age at the time of the alleged conduct.
When the alleged victim was under 18, Maine law allows prosecution at any time for listed offenses that include Gross Sexual Assault, unlawful sexual contact, sexual abuse of a minor, unlawful sexual touching, and sexual exploitation of a minor. That rule means an allegation involving a minor can lead to charges long after the date on which the conduct allegedly occurred.
Delayed allegations require close review of the surviving evidence. Communications, location records, witness memories, device data, and other materials can change or disappear over time. We examine what remains, how it was preserved, and whether the prosecution’s evidence proves each required element.
Defense Issues in Maine Sexual Assault Cases
A charge isn’t a conviction. The state must prove every element of the offense beyond a reasonable doubt, and the available defenses depend on the specific facts. Zerillo Law Firm invests significant time in trial preparation, including examining digital evidence and forensic reports, planning cross-examination, and preparing motions to suppress. When the prosecution said a charge under §253 was unwinnable for the defense, we produced a hung jury that prevented conviction entirely.
Consent
When the charged provision requires proof of compulsion or another circumstance inconsistent with consent, the evidence surrounding the encounter requires careful review. We examine communications, relevant relationship history, witness accounts, and the physical or digital record. The legal significance of consent depends on the statute, the ages involved, and the specific allegation.
False or Mistaken Allegations
Witness accounts can conflict with other testimony, location records, communications, or forensic material. We test the accusation against the complete record, including evidence that wasn’t emphasized in the initial investigation. Where identity is disputed, we evaluate alibi documentation, witness testimony, device information, and the methods investigators used to identify the accused.
Reasonable Mistake of Age
Age-based cases require analysis of the precise statute and the ages alleged by the state. A belief about age isn’t automatically a defense to every sexual offense involving a minor. We review whether Maine law permits an age-related defense to the specific charge and whether the evidence supports raising it.
Constitutional Violations
Unlawful searches, seizures, or interrogations can create grounds to challenge evidence obtained without compliance with constitutional requirements. We review warrants, device searches, interviews, and the circumstances of any statement attributed to the accused. When appropriate, we file a motion to suppress and ask the court to exclude evidence that was unlawfully obtained.
Digital & Forensic Evidence
Sexual assault cases can depend on messages, photographs, social media records, medical findings, or other forensic material. We examine how that evidence was collected, whether the record is complete, and whether the conclusions drawn from it go beyond what the underlying material supports. Cross-examination is prepared around the evidence actually admitted in court, not simply the prosecution’s description of it.
The Sexual Assault Case Process in Maine
A criminal sexual assault case can involve investigation, arrest, arraignment, discovery, motion hearings, plea discussions, trial, sentencing, and appeal. Not every case follows every stage, and the sequence depends on the charge, evidence, court schedule, and decisions made by the parties. During an investigation, statements made to law enforcement can become part of the prosecution’s evidence.
Arraignment is the court proceeding at which the charge is formally addressed and a plea is entered. Discovery is the process through which the defense receives evidence held by the prosecution. After reviewing that material, we identify factual disputes, investigate additional evidence, and determine whether motions should be filed before trial.
Conditions of release and no-contact provisions depend on the court’s orders and the circumstances of the case. Early representation allows us to assess the accusation, review the conditions that apply, and address each stage as it arises. We also advise clients before they respond to interview requests or provide information that could affect the defense.
For cases filed in Portland, Maine, the Cumberland County Superior Court and Portland District Court are housed in the Cumberland County Courthouse. We represent clients in Cumberland County and in courts across Maine, preparing them for hearings and explaining what will happen before they enter the courtroom.
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 will get ALL charges dismissed, nuff said. Maybe, just maybe, in a worst case scenario, he'll get the charges down from 25 federal felonies to a single misdemeanor charge. Not too bad for worst case.
