Maine Revised Statutes Title 15 Sec. 6203 – Prohibition on use of evidence gathered during sexual assault forensic examination
Current as of: 2023 | Check for updates
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1. Use of evidence prohibited. Evidence gathered during a sexual assault forensic examination may not be used:
A. To prosecute a survivor for any Class D or Class E crime under Title 17?A, chapter 45; [PL 2023, c. 199, §1 (NEW).]
B. To prosecute a survivor for any crime of criminal OUI under Title 29?A, section 2411; [PL 2023, c. 199, §1 (NEW).]
C. To prosecute a survivor for any crime of failure to appear, failure to report or violation of condition of release under sections 1091, 1091?A and 1092, respectively; [PL 2023, c. 199, §1 (NEW).]
D. As the basis of a motion to revoke any conditional release of the survivor under Title 17?A, chapter 67; [PL 2023, c. 199, §1 (NEW).]
E. To prosecute a survivor for any civil violation or crime under Title 28?A; [PL 2023, c. 199, §1 (NEW).]
F. To prosecute a survivor for engaging in prostitution under Title 17-A, section 853?A; or [PL 2023, c. 199, §1 (NEW).]
G. To prosecute a survivor for any juvenile crime based on a violation of the laws set forth in paragraphs A to F. [PL 2023, c. 199, §1 (NEW).]
[PL 2023, c. 199, §1 (NEW).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 15 Sec. 6203
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
2. Use of evidence to justify search prohibited. Evidence gathered during a sexual assault forensic examination may not be used as a basis to search for evidence to be used against the survivor for any of the following:
A. A Class D or Class E crime under Title 17?A, chapter 45; [PL 2023, c. 199, §1 (NEW).]
C. Any crime of failure to appear, failure to report or violation of condition of release under sections 1091, 1091?A or 1092, respectively; [PL 2023, c. 199, §1 (NEW).]
D. A motion to revoke any conditional release of the survivor under Title 17?A, chapter 67; [PL 2023, c. 199, §1 (NEW).]
E. Any civil violation or crime under Title 28?A; [PL 2023, c. 199, §1 (NEW).]
F. Engaging in prostitution under Title 17-A, section 853-A; and [PL 2023, c. 199, §1 (NEW).]
G. Any juvenile crime based on a violation of the laws set forth in paragraphs A to F. [PL 2023, c. 199, §1 (NEW).]
[PL 2023, c. 199, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 199, §1 (NEW).