Claxton bill to help victims of assault is signed by Gov. Mills

AUGUSTA — Legislation from Sen. Ned Claxton, D-Auburn, LD 779, “An Act To Improve the Definition of ‘Strangulation’ in the ‘Aggravated Assault Laws’” was signed into law by Gov. Janet Mills on May 9.

The bill would remove the requirement to prove intention from strangulation in aggravated assault cases.

“Strangulation is clear evidence of an escalating violent act by an abuser. If we are to protect the abused person and hold the abuser accountable, the severity of the progression to strangulation needs to be recognized for what it is and prosecuted,” said Sen. Claxton. “I’m glad Gov. Mills has signed this bill to help support victims of abuse and prosecute abusers.”

In 2012, state statute was amended to include strangulation. In that new language, only strangulation was given a higher standard of prosecutors having to prove it was done intentionally. The state of mind for all other types of aggravated assault are already measured on whether the action was intentionally, knowingly or recklessly perpetrated. Given that intent is difficult to establish, prosecuting strangulation becomes harder.

The law will take effect 90 days after the Legislature adjourns sine die.

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