Bill > LD1805

This bill establishes a comprehensive post-conviction review process for individuals who were victims of sex trafficking or sexual exploitation and were convicted of crimes as a result of their victimization. The bill allows a person who has received a criminal judgment to file a motion at any time to have their conviction reversed if they can demonstrate, by a preponderance of evidence, that their criminal conduct was a substantial result of sex trafficking or sexual exploitation. The bill provides detailed definitions of key terms like "compelling" and "sexual exploitation," which include scenarios such as being forced into criminal activity through threats, drug dependency, false statements, or fear of harm. The motion can be filed by the victim, their attorney, or by the court itself, and the Superior Court will have jurisdiction over these proceedings. The bill includes provisions for remote testimony, flexible evidence rules, and a rebuttable presumption of victimization based on official documentation. If the motion is granted, the court will reverse the criminal judgment and order corrections to court and criminal justice agency records. The bill emphasizes a liberal interpretation aimed at providing justice for victims who committed crimes under duress or as a direct result of their exploitation, recognizing that such individuals lack the culpability typically associated with criminal behavior.

Justice

https://legislature.maine.gov/legis/bills/display_ps.asp?LD=1805&snum=132