State v. Stevens

WATHEN, Justice.

The State appeals, pursuant to 15 M.R. S.A. § 2115-A (1980), from an order of the Superior Court (Kennebec County) dismissing an indictment that charged defendant Sandra Stevens with the rape of a thirteen year-old boy. See 17-A M.R.S.A. § 252(1)(A) (1988). The Superior Court ruled that section 252 does not encompass males as victims of rape. We conclude that section 252 is gender-neutral, contemplating male as well as female victims. Accordingly, we vacate the order of the Superior Court.

Maine’s rape statute provides in relevant part:

A person is guilty of rape if he engages…