Me. Stat. tit. 15 § 6203

Current through 131st (2023-2024) Legislature Chapter 684

Section 6203 - Prohibition on use of evidence gathered during sexual assault forensic examination

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; [2023, c. 199, §1(NEW).]

B. To prosecute a survivor for any crime of criminal OUI under Title 29-A, section 2411; [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; [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; [2023, c. 199, §1(NEW).]

E. To prosecute a survivor for any civil violation or crime under Title 28-A; [2023, c. 199, §1(NEW).]

F. To prosecute a survivor for engaging in prostitution under Title 17-A, former section 853-A; or

G. To prosecute a survivor for any juvenile crime based on a violation of the laws set forth in paragraphs A to F. [2023, c. 199, §1(NEW).]

[2023, c. 199, §1(NEW).]

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; [2023, c. 199, §1(NEW).]

B. Any crime of criminal OUI under Title 29-A, section 2411; [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; [2023, c. 199, §1(NEW).]

D. A motion to revoke any conditional release of the survivor under Title 17-A, chapter 67; [2023, c. 199, §1(NEW).]

E. Any civil violation or crime under Title 28-A; [2023, c. 199, §1(NEW).]

F. Engaging in prostitution under Title 17-A, former section 853-A; and

G. Any juvenile crime based on a violation of the laws set forth in paragraphs A to F. [2023, c. 199, §1(NEW).]

[2023, c. 199, §1(NEW).]

15 M.R.S. § 6203

Amended by 2024, c. 646,§ A-20, eff. 4/22/2024.

Amended by 2024, c. 646,§ A-19, eff. 4/22/2024.

Added by 2023SP1, c. 199,§ 1, eff. 10/25/2023.