An Act To Protect Victims of Sexual Assault
Maine Legislature, Session 128, LD 1305
Committee: Judiciary
Sponsors: KUMIEGA, PERKINS, DILL, DEVIN, MADIGAN, PICKETT, RECKITT, REED, BREEN, CYRWAY, VOLK
Amends: 19-A MRSA §4005, 19-A MRSA §4007

Legislative Document
No. 1305
H.P. 902
House of Representatives, April 4, 2017
An Act To Protect Victims of Sexual Assault
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative KUMIEGA of Deer Isle.
Cosponsored by Representative PERKINS of Oakland, Senator DILL of Penobscot and
Representatives: DEVIN of Newcastle, MADIGAN of Waterville, PICKETT of Dixfield, 
RECKITT of South Portland, REED of Carmel, Senators: BREEN of Cumberland, CYRWAY 
of Kennebec, VOLK of Cumberland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  19-A MRSA §4005, sub-§1-A is enacted to read: 
1-A.  Alternative filing for sexual assault victims.  An adult who has been a victim 
of conduct described as sexual assault in Title 17-A, chapter 11, whether or not the 
conduct was perpetrated by a family or household member or dating partner, may seek 
relief by filing a complaint alleging that conduct without regard to whether criminal 
prosecution has occurred.  When a minor child has been a victim of such conduct, the 
child's parent, other person responsible for the child or a representative of the department 
may seek relief by filing a petition alleging that conduct. 
Sec. 2.  19-A MRSA §4007, sub-§1, ¶D-1 is enacted to read: 
D-1.  For a petition filed pursuant to section 4005, subsection 1-A, directing the 
defendant to refrain from knowingly coming within or knowingly remaining within a 
specified distance of a specified location; 
Sec. 3.  19-A MRSA §4007, sub-§2, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
2.  Duration.   A  Except as provided in subsection 2-A, a protective order or 
approved consent agreement is for a fixed period not to exceed 2 years. At the expiration 
of that time, the court may extend an order, upon motion of the plaintiff, for such 
additional time as it determines necessary to protect the plaintiff or minor child from 
abuse.  The court may continue the order in effect until the hearing under section 4006, 
subsection 1 on the motion to extend.  Upon motion by either party, for sufficient cause, 
the court may modify the order or agreement from time to time as circumstances require. 
Sec. 4.  19-A MRSA §4007, sub-§2-A is enacted to read: 
2-A.  Extended duration.  A protective order or approved consent agreement entered 
for a proceeding commenced under section 4005, subsection 1-A is for a fixed period of 
time or may be permanent.  At the expiration of a fixed period of time if ordered, the 
court may extend an order, upon motion of the plaintiff, for such additional time as it 
determines necessary to protect the plaintiff or minor child from abuse.  The court may 
continue the order in effect until the hearing under section 4006, subsection 1 on the 
motion to extend.  Upon motion by either party for sufficient cause, the court may modify 
any order or agreement from time to time as circumstances require. 
SUMMARY 
Current law allows a person who is a victim of a sexual assault described in the 
Maine Revised Statutes, Title 17-A, chapter 11 to file a petition for a protection order, 
whether or not the person who committed the assault is a family or household member or 
dating partner; the duration of the protection order may be for a fixed period not to 
exceed 2 years.  This bill expands the possible duration of a protection order for victims 
of sexual assault.  The bill provides a victim of a sexual assault described in Title 17-A, 
chapter 11 the opportunity to petition for an order that is a fixed period of time that may 
be longer than 2 years, including an order that may be permanent.  The bill also adds to 
the kinds of relief that a court may order for a sexual assault victim the requirement that 
the defendant refrain from knowingly coming within or knowingly remaining within a 
specified distance of a specified location.