State v. Paradis
10 A.3d 695
| Me. | 2010Background
- Victim was ten years old when Paradis's and the mother's parental rights were terminated in 2002.
- Victim was later adopted in 2004 by another family.
- As a fourteen or fifteen-year-old, the victim ran away and moved in with Paradis.
- In 2007 and 2008 Paradis engaged in sexual acts with the victim.
- Paradis was indicted in 2009 on two counts of gross sexual assault and two counts of unlawful sexual contact, all related to acts while Paradis was alleged to be a parent.
- Paradis moved to dismiss the indictment arguing he was not the victim's parent as a matter of law due to prior termination; the motion was denied; he entered a conditional guilty plea to two counts of gross sexual assault and received favorable sentencing in exchange for dismissing the other two counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination of parental rights bars Paradis from being a parent for purposes of the statute | Paradis argues he is not the victim's parent legally. | State contends the term parent means the ordinary meaning, regardless of termination. | Paradis remains a parent for purposes of the statute |
Key Cases Cited
- State v. Stevens, 912 A.2d 1229 (Me. 2007) (de novo interpretation of 'parent' and statutory meaning)
