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ELLSWORTH — The Maine Supreme Judicial Court May 4 upheld an Orland man’s convictions on charges of rape, assault, domestic violence criminal threatening and criminal restraint. Grindle will report for a four-year prison sentence, which was ordered by Justice Robert Murray after the trial and before the appeal was filed.The police interview video was admitted into evidence, but the “rough sex” statement was redacted.The court cited “Rule 412,” also known as a rape shield law, as reasoning to exclude the statement.“I would classify the incident as one in which some really poor, bad decisions were made.The intent was not what the end result was.” Moshier said the charges were filed after police consulted with the District Attorney’s Office and the families of the boys involved, particularly the victim’s family. Moshier emphasized that the unlawful sexual touching charge is a very specific charge and is different from other sex-related offenses, such as sexual assault or rape (referred to as gross sexual assault in Maine law).
“How can a jury hearing only that phrase weigh it in determining whether the specific fact pattern described by the victim during the … Toffolon said the appellant suggests that Rule 412 should be ignored because society has liberalized its attitudes concerning sexual activity.