1. General Criminal Laws: Hate crimes are prosecuted under existing criminal laws, such as assault and battery, assault and battery with a dangerous weapon, murder, and so on.  These generic laws do nothing to address the fact that an assault was hate-motivated, but they provide for criminal accountability, and the selection of a person (or his or her property) because of sexual orientation can then be considered in the sentencing phase.
2. “Civil Rights Law”: On the civil side, Maine law provides for civil remedies when a person violates another person’s state or federal rights in
   certain circumstances.¹⁰⁵ This provision, known as the “Maine Civil Rights Act” specifically states that a “person has the right to engage in lawful activities” without being subject to the infliction or threat of physical force or violence or the damage, destruction or trespass of property, motivated by reason of sexual orientation.¹⁰⁶ Contact local law enforcement or the Attorney General’s office if you have been a victim under this law as the State is the primary enforcer of this statute.

More specifically, the law allows a person to bring a private action against someone who
1. uses or threatens physical force or violence,
2. damages, destroys or trespasses on property,
3. threatens to damage, destroy or trespass on property

in a manner that intentionally interferes or attempts to interfere with another person’s exercise or enjoyment of their rights under state or federal law.¹⁰⁷

If those elements are met, then a person may bring an action for legal and equitable relief.  Aside from the possibility of recovering money damages, equitable relief means that the person suing can obtain an order forbidding the attacker from coming near him or her, whether at home, at work, in school, or even from telephoning him or her.  Actions must be brought within 6 years, although moving promptly is always an advantage.¹⁰⁸

In addition to whatever relief a restraining order may provide, it is also important that violation of a restraining order is a criminal offense that can be prosecuted. You should report any violations of a restraining order to local police, and keep careful records of any and all violations.

The Attorney General’s Office also has the power to bring civil rights actions on behalf of people who are harassed or threatened.¹⁰⁹ The contact information is listed above.

3. Harassment Law: Maine law permits people to petition the District or Superior Court for an order preventing harassment.¹¹⁰ “Harassment” is defined as “any repeated act of intimidation, harassment, physical force or threat of physical force directed against any person, family, or their property or advocate with the intention of causing fear or intimidation or to deter free exercise or enjoyment of any rights or privileges secured by” the Constitution or laws of Maine or the United States. 

   Under this law, a person may seek emergency orders, and later seek temporary orders, and ultimately seek final orders of protection.  In addition, with final orders, a successful plaintiff may be awarded damages for direct losses caused by the harassment (e.g., lost earnings, property repair or replacement), reasonable moving expenses and court costs and attorney’s fees.¹¹¹ Violation of a court restraining order is a criminal offense.¹¹²
   

1. occurs in a public place (including motor vehicles on public ways), or
2. occurs in a private place with the intent that it be seen from another public or private place, or
3. occurs in a private place with the intent that it be seen by others and where the actor knows observation will cause affront or alarm.¹¹⁴

The penalties may be increased under the law if a person has two or more convictions for this offense.

The State has a legitimate law enforcement interest in protecting the general public from open displays of sexual activity—whether the sex is between people of the same sex or of different sexes, but socializing and expressions of same-sex affection are not illegal, regardless of where they occur.  No one should be hassled or arrested for foot-tapping, handholding, talking, flirting, or other non-sexual touching.

Sexual activity is not illegal simply because it takes place outdoors, in parked cars, or on public lands.  However, as a practical matter, regardless of one’s rights, having sex in a public venue or outdoors is a risky business. Based on numerous reports to us, we believe that some police will overlook sexual activity of non-gay people occurring in a public setting, but arrest gay people engaged in sexual activity in the same types of venues.  Another concern is that some police “hunt” for gay people having sex outdoors in parklands and rest areas—sometimes in uniform and sometimes as undercover decoys.  Either way, a person can be charged with indecent conduct.

Police may of course approach a person, and make inquiries, but even if a person has been convicted of a past offense, or fails to respond, or responds in a way which does not satisfy the officer, that alone is not grounds for the person to be arrested. 

Brief intrusions upon a person are permitted if an officer can say why he or she is concerned and that concern is reasonable. For example, if an officer is concerned about someone’s safety, or suspects the person may have committed a crime, or suspects the person has committed a traffic infraction, then a stop is reasonable.¹¹⁹

An arrest can only occur upon “probable cause” that a crime has been committed.¹²⁰

In some cases, an individual may decide to pursue a lawsuit—because of injuries, improper detainment, or for some other reason.  These matters are highly specialized, and GLAD can provide you with attorney referrals. People can also register serious complaints with the Attorney General’s Office, Investigations Unit at (207) 626-8800.