Maine’s domestic violence and stalking laws are currently being updated to address some deficiencies in previous laws and to provide more clarity to both victims and defendants in such cases.
A recent high-profile case in Colorado resulted in an appeal to the Supreme Court in June 2023 and highlighted the difficulties encountered in prosecuting alleged perpetrators of stalking and domestic violence crimes, with emphasis on on criminal harassment that takes place online or without any physical contact. First Amendment free speech rights are strong in the United States, and proving “real threats” can be difficult when trying to secure a conviction.
The new laws are designed to bring greater clarity to Maine’s courts, as well as to the victims of these cases and the defendants charged with these crimes.
Domestic Violence in Maine
Domestic violence is most often used to describe domestic violence in Maine. This can take the form of physical or sexual abuse or verbal and emotional abuse.
The crime has a very broad definition and includes any type of abusive behavior committed by one member of a household against another. This also includes threats to commit violence and even crimes committed against a domestic partner’s pet to control and/or intimidate the alleged victim.
In Maine, family members or those in an intimate relationship – a marriage, a romantic relationship, or even cohabiting members of a household – can be charged with domestic violence. If convicted, penalties typically include probation, a requirement to avoid contact with the victim for a specified period of time, enrollment in a rehabilitation course, and possible eviction from the home.
Stalking Laws in Maine
Maine’s harassment laws are harsh, and even harsher if the person allegedly harassed is someone close to the accused. This crime can lead to a domestic violence stalking charge, rather than standard stalking.
Standard stalking laws prohibit knowingly engaging in “conduct directed at or concerning a specific person that would cause a reasonable person” to:
- Suffering from emotional distress or serious inconvenience
- Fear of being hurt
- Fear for family, close friends, lovers, associates or even pets, or
- Worrying about your property
If a person accused of stalking is in a relationship with the alleged victim, the stalking charge becomes a domestic violence stalking charge. This is a class D felony in Maine, punishable by up to 364 days in prison.
What do the new harassment laws mean?
A large number of alleged stalking cases have not been prosecuted in Maine since the Supreme Court’s decision. Law enforcement has often been unable to arrest suspects, and the district attorney’s office has dismissed many cases because the current stalking law is considered unconstitutional and the likelihood of a conviction is very low. .
New laws proposed in Maine aim to create a constitutionally strong criminal and civil justice system in response to domestic violence. The idea is that crimes can be successfully and constitutionally prosecuted under Maine law rather than in cases ending in dismissal or acquittal.
Representatives from the Maine Attorney General’s Office, the Maine Coalition to End Domestic Violence and the Maine Coalition Against Sexual Assault testified in support of the proposal.
What constitutes a “real threat” in stalking cases?
The nature of a “real threat” was at the heart of the Supreme Court’s decision in Colorado. This is because “real threats” are not protected by First Amendment rights to free speech.
The Colorado court initially relied on an objective test to establish its conviction, one that a reasonable person would interpret the statement in context as a threat.
The Supreme Court ruled that a subjective standard of testing must be used, which requires a prosecutor to demonstrate that the person who made the statement intended to make a threat. This is generally more difficult to achieve. Because this was not shown in the original Colorado case, the appeal was successful and the conviction was overturned, returning to the lower court for a new trial under the new standard.
The decision on the “real threats” standard sounded alarm bells in Maine, prompting the changes mentioned.
Proposed Change to Protection from Abuse Orders in Maine
Another proposed change to Maine’s domestic violence laws is currently in the works. This is a bill that would amend the Protection from Abuse Orders Act, giving courts the ability to set a specific distance a defendant must stay away from the victim.
It is useful to remember here that the majority of sexual assaults are committed by someone known to the victim. Currently, most Maine protection orders only prevent what courts call direct contact, such as a phone call or text message, but do not prevent an alleged attacker from walking near their target, for example.
The bill states that the defendant must knowingly be within that specified distance to avoid circumstances in which the defendant may not be aware that he or she is in proximity to the victim.
A conviction for violating a protection from abuse order carries significant penalties in Maine. This can be classified as a class C felony and punishable by up to five years in prison. However, a common defense for defendants is to claim they did not know they were near the victim.
The proposed change to the law would effectively nullify this defense and bring it into line with several other states that have distancing requirements to protect against abuse orders.
Changes to Maine’s domestic violence laws generally give courts more power to protect alleged victims. It is therefore imperative for anyone accused of a domestic violence offense to hire a criminal lawyer who is aware of the new laws and can provide a strong defense.
For experienced legal help regarding any domestic violence or stalking charges, call the Maine Criminal Defense Group at 207-571-8146 for an initial assessment of the case.