History
  • No items yet
midpage
State v. Paradis
10 A.3d 695
| Me. | 2010
Read the full case

Background

  • 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)
Read the full case

Case Details

Case Name: State v. Paradis
Court Name: Supreme Judicial Court of Maine
Date Published: Dec 29, 2010
Citation: 10 A.3d 695
Docket Number: Docket No: Ken-10-204
Court Abbreviation: Me.