According to the Kennebec Journal, a man was convicted on January 24 of domestic violence charges in a case where the prosecutor made the unusual move to arrest the victim to prevent her from fleeing before the trial.
R.R. Jr., 45, was accused of threatening and terrorizing his girlfriend in April of 2013. The charges he faced in his trial included domestic violence assault, domestic violence criminal threatening and domestic violence terrorizing.
R.R. Jr. allegedly assaulted J.R over a two-day period in his home.
R.R. Jr. chose a trial by judge over jury. He also decided not to testify on his own behalf.
J.R.'s arrest sparked a debate about victim's rights and due process.
The defense had argued that R.R. Jr. had been sleepwalking and in an altered state of consciousness during the beating. He was unaware, according to his attorneys, of his action during the time of J.R.'s assault due to the effects of the medication he takes to decrease agitation.
Justice Donald Marden rejected the defense arguments and stated, "From the undisputed facts, it appears that the defendant engaged in a domestic violence assault, domestic violence criminal threatening and domestic violence terrorizing against Ms. (J.R.)"
Justice Marden wrote a 10-page verdict that outlined the entire case. He noted that R.R. Jr. and J.R. had been a couple for approximately five years. During that time R.R. Jr. had a history of assaulting J.R. The judge also noted that R.R. Jr. had "suffered serious head injuries in two motorcycle crashes, the latest in 2012, resulting in some cognitive challenges."
District Attorney Maeghan Maloney had heard the victim say that she "was going to disappear" and sought a warrant to have her arrested and held as a material witness – just to make sure she would be at court for R.R. Jr.'s trial. Maloney said that she contacted the local agency, Family Violence Project, and spoke to them about the warrant first.
Maloney told reporters, "Arresting a material witness is always a last resort."
After spending 17 hours locked up in jail R.R. was released – on the bail condition that she appear at R.R. Jr.'s trial.
Marden explained to the court that on April 10 R.R. Jr. placed a pillowcase over the victim's head, sexually assault her, promised to "slit her throat" and then bury her in the woods where he had a waiting hole.
J.R. admitted that R.R. Jr.'s words caused her to get hysterical with fear.
Previously Maloney had said that the testimony of R.R. alone may not have been enough and they case may get dismissed.
In explaining her actions in arresting R.R. Maloney added, "What it came to is that I would rather have to explain why she was arrested than why she was dead. It is not the course that we want to take, but it's the course we have to take in the most dangerous cases where the victim is in danger of being killed. My hope is that this verdict will send a message that you can testify without fear. Violent offenders need to understand that there is absolutely no excuse ever for domestic violence."
If you have been the victim of domestic violence contact a family law attorney to represent you in court. You can end the cycle of your abuse when you step forward and do something about it.