10/25/2007
from the Kennebec Journal
Sport of Kings
New Medicaid billing system inspires doubts among some
Christmas spirit
Guidance counselor: Dismiss complaint based on criticism of same-sex marriage
CHELSEA: 'Practice burn' provides thrill for 9-year-old
Trust eyes orchard purchase
GOLFER OF THE YEAR: Bonenfant rises up Cony ranks
YOUTH SOCCER: Local team gives 'care package' to children in Afghanistan
All of today's:
News | Sports
from the Kennebec Journal
from the Morning Sentinel
YES ON 1 BACKER REBUTS CLAIM
New system for Medicaid payments worries providers
After petition drive, Clinton police force budget will go a third time before voters
A rock musician makes trip home via Black Taxi
MADISON: After revaluation, abatement requests reviewed
Parks to have facelift
GOLFER OF THE YEAR: Sweet does job for Madison
YOUTH SOCCER: Local team gives 'care package' to children in Afghanistan
All of today's:
News | Sports
from the Morning Sentinel
By BETTY ADAMS
Staff Writer
AUGUSTA -- A former Monmouth Academy teacher will remain behind bars for at least a week after his arrest early Tuesday in the driveway of the home of the girl he is accused of molesting.
Christopher I. Dumaine, 39, of Readfield was arrested at 4:15 a.m. Tuesday and charged with violating bail conditions by having contact with the girl.
Maine State Police, who had Dumaine under surveillance, said Dumaine drove to and from his home late Monday night or early Tuesday, then got into his car with the young girl early Tuesday and drove to her driveway.
He had been out on $500 cash bail since Oct. 11, when he pleaded not guilty to two charges each of gross sexual assault and unlawful sexual contact. A condition of bail banned him from contact with the 16-year-old girl, who was one of Dumaine's students. She is the same victim listed in all charges.
On Wednesday, Dumaine told a judge via video link from the Kennebec County jail that he understood the new charge of violating a condition of bail.
District Court Judge David Kennedy said he would not request a plea since this was an initial appearance on the alleged bail violation, a felony offense.
Dumaine's attorney, Walter McKee, said he and prosecutors agreed Dumaine would be held without bail with the right to request a bail hearing at a later date.
Kennedy set a review hearing in Kennebec County Superior Court for 8:30 a.m. Jan. 8. However, District Attorney Evert Fowle he expected Dumaine to return to court in a week or so to ask for a bail hearing.
At that time, he said, prosecutors would pursue a motion, filed Tuesday, to revoke Dumaine's bail.
The parents of the girl named as a victim in both complaints watched Wednesday's proceedings in Augusta District Court.
They declined to be interviewed, saying through a spokeswoman they want to protect their daughter's privacy. They and their friends winced visibly when the girl's name was read aloud in court.
The Kennebec Journal does not publish the names of victims of alleged sexual abuse.
The judge permitted a television camera in court, but limited it to showing the video screen on which the defendant could be seen wearing an orange, jail-issued uniform.
Dumaine was a teacher at Monmouth Academy for 16 years until submitting a one-line resignation letter in September.
The indictment listing sexual assault charges says the offenses occurred between June 1 and Sept. 14.
Betty Adams -- 621-5631
badams@centralmaine.com
Reader comments
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previous page | next page1-10 of 52 comments:
I can almost picture James Spader doing one of his notorious Alan Shore character's closing arguments pointing out that had Mr. Dumaine been a butcher, baker or candle stick maker then there would be no criminal culpable state of mind or liability in this matter and that he'd be a free man.
But because he's not in strict compliance to the political will of legislature, the Statist wish to make him a political prisoner as an example to the rest of those other privileged occupational persons to abide by the terms and conditions of their contracts or else face the Draconian consequences of not doing so.report abuse
Here's where the Statist define unlawful sexual contact:
http://janus.state.me.us/legis/statutes/17-a/title17-Asec255-A.html
Pay particular attention to item 1. definitions S and T.
It's still looks as though Mr. Dumaine's problem is an issue of contract and it appears that the law merchant may be at play in this matter.
http://deoxy.org/lawenfor.htm
report abuse
Let's see, he's been charged with two charges of gross sexual assault and two charges of unlawful sexual contact and Assistant District Attorney Paul Rucha, the prosecutor at the arraignment, said the alleged victim was 16.
So I guess people are going to have to get the exact section of the statutory law that he has been charged under by the Statist in this matter in order to determine just how supposedly illegal it was to diddle with this little 16 year old.
report abuse
1. A person is guilty of sexual abuse of a minor if:
A. The person engages in a sexual act with another person, not the actor's spouse, who is either 14 or 15 years of age and the actor is at least 5 years older than the other person. Violation of this paragraph is a Class D crime; [2001, c. 383, ¤21 (amd); ¤156 (aff).]
A-1. The person violates paragraph A and the actor knows that the other person is related to the actor within the 2nd degree of consanguinity. Violation of this paragraph is a Class C crime; [2001, c. 383, ¤21 (new); ¤156 (aff).]
A-2. The person violates paragraph A and the actor is at least 10 years older than the other person. Violation of this paragraph is a Class C crime; [2001, c. 383, ¤21 (new); ¤156 (aff).]
He committed a Class C crime when he entered into the sexual relationship of any kind with this girl. That is the more severe offense. This will be plea bargained away on the Class D misdemeanor.
The law would be the same for a police officer. Has it happened? I am sure. It's also happened that teachers have been doing this for years, and it has been buried. Nobody should be doing it, and if an officer is caught in this sort of situation I wouldn't bet on any slack from anyone he works with.report abuse
RE: But if he was a police officer, he would have been in the clear. Go figure.
Well Nelson, as we all know police officers have a very dangerous job to do and they are very brave, so they basically are above the law in most cases, and either given a favorable/slanted investigation, a free-pass, or handled with extreme leniency. Let's wait & see what happens to the officer who murdered the boy in Waldoboro, the off-duty state police officer who broke an 80 year-old man's hip at the Augusta Country Club, and the police officer going on trial for felony forgery.report abuse
Leon Richard, right on, dude. No matter her feelings, she cannot legally consent. As a teacher, Dumaine knew that she could not consent. Who commenced the affair is irrelevant. The law says she cannot consent. And, as pointed out by Nelson, there is an additional burden on the teacher to avoid such affairs, with major penalties should a teacher engage in such an affair.
report abuse
The person is at least 21 years of age and engages in a sexual act with another person, not the actor's spouse, who is either 16 or 17 years of age and is a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the actor is a teacher, employee or other official in the school district, school union, educational unit, school, facility or institution in which the student is enrolled. Violation of this paragraph is a Class E crime.
And 1E reads:
The person violates paragraph C and the actor is at least 10 years older than the student. Violation of this paragraph is a Class D crime.
So, it appears that the majority of this so-called crime revolves around a clouded status of the defendant being contractually bound to the educational institution that the young woman is enrolled in. Technically, he could have been the janitor, school librarian, school bus driver, cafeteria worker, etc., he didn't need to be a teacher.
But if he was a police officer, he would have been in the clear. Go figure.report abuse
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