An Act To Protect Victims of Sexual Assault
Maine Legislature, Session 127, LD 1477
Committee: Judiciary
Sponsors: DIAMOND, CAMPBELL, DUTREMBLE, GERZOFSKY, MILLETT, THIBODEAU, COREY, FOWLE, WARREN
Amends: 19-A MRSA §1658, 22 MRSA §4055

Legislative Document 
No. 1477 
S.P. 575 
In Senate, December 18, 2015 
An Act To Protect Victims of Sexual Assault 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 18, 2015.  Referred to the Committee 
on Judiciary pursuant to Joint Rule 308.2 and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator DIAMOND of Cumberland. 
Cosponsored by Representative CAMPBELL of Orrington and 
Senators: DUTREMBLE of York, GERZOFSKY of Cumberland, MILLETT of Cumberland, 
President THIBODEAU of Waldo, Representatives: COREY of Windham, FOWLE of 
Vassalboro, WARREN of Hallowell. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  19-A MRSA §1658, as enacted by PL 1997, c. 363, §1, is repealed and the 
following enacted in its place: 
§1658.  Termination of parental rights and responsibilities in cases involving sexual 
assault 
The parental rights and responsibilities with respect to a specific child conceived as a 
result of an act of sexual assault by the parent of that child must be terminated in 
accordance with this section. 
1.  Petitioner.  The petition for termination may be filed by the other parent or, if the 
other parent is a minor, the parent or guardian of the other parent. 
2.  Petition.  The petitioner may file a petition with the District Court that requests 
the termination of the parental rights and responsibilities of the parent and alleges: 
A.  That the parent was convicted of a crime involving sexual assault, as defined in 
Title 17-A, section 253, 254 or 556, or a comparable crime in another jurisdiction, 
that resulted in the conception of the child; or 
B.  That the child was conceived as a result of an act of sexual assault, as defined in 
Title 17-A, section 253, 254 or 556, or a comparable crime in another jurisdiction. 
3.  Termination.  Except as provided in subsection 4, if the petitioner proves the 
allegation in subsection 2, paragraph A by a preponderance of the evidence or the 
allegation in subsection 2, paragraph B by clear and convincing evidence, the court shall 
terminate the parental rights and responsibilities of the parent.  
4.  Exception.  The court is not required to terminate the parental rights and 
responsibilities of a parent convicted of gross sexual assault under Title 17-A, section 
253, subsection 1, paragraph B that resulted in the conception of the child if: 
A.  The parent or guardian of the other parent filed the petition; 
B.  The other parent informs the court that the sexual act was consensual; and 
C.  The other parent opposes the termination of the parental rights and responsibilities 
of the parent convicted of the gross sexual assault. 
Sec. 2.  22 MRSA §4055, sub-§1-B is enacted to read: 
1-B.  Presumption.  The court shall presume that the parent is unwilling or unable to 
protect the child from jeopardy and these circumstances are unlikely to change within a 
time that is reasonably calculated to meet the child's needs if the court determines by 
clear and convincing evidence that the child was conceived as a result of an act by the 
parent of sexual assault or a comparable crime in another jurisdiction.  For purposes of 
this subsection, "sexual assault" has the same meaning as in Title 17-A, section 253, 254 
or 556.  A guilty plea or conviction for sexual assault is considered clear and convincing 
evidence for purposes of this subsection. 
SUMMARY 
Current law allows a court to terminate the parental rights and responsibilities of a 
parent who was convicted of a crime involving sexual intercourse when the child for 
whom the parental rights and responsibilities are being terminated was conceived as a 
result of that crime.  This bill expands that law by requiring a court to terminate the 
parental rights and responsibilities of a parent if it can be shown by clear and convincing 
evidence that the child was conceived as a result of an act of sexual assault by that parent. 
This bill also establishes a presumption that a parent is unwilling or unable to protect 
a child from jeopardy if the child was conceived as a result of an act of sexual assault by 
the parent.