Claxton bill to help victims of assault receives unanimous support from Senate

AUGUSTA — Legislation from Sen. Ned Claxton, D-Auburn, LD 779, “An Act To Improve the Definition of ‘Strangulation’ in the ‘Aggravated Assault Laws’” received unanimous support in the Senate on Tuesday. 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 the 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 my colleagues have unanimously supported 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 culpable state of mind for all other types of aggravated assault are measured on if the action was intentionally, knowingly or recklessly perpetrated. Given that intent is difficult to establish, proving intentional strangulation becomes harder.

The bill faces additional votes in the Maine House and Senate.