Woman appeals rape conviction

Stephanie Stark, convicted of the rape of two young women, is appealing her 7-year prison sentence for rape to the Maine Supreme Court, stating that the sentence was too harsh, higher that what the state was seeking.

Stark and another defendant, Peter Mills, were convicted of raping three women, two of which worked with Mills in a Southwest Harbor restaurant. The drug assisted rape of the college women took place June 15, 2005 at Mills' home in Bar Harbor. A 48 year old woman was raped two days later at Stark's Surry home.

The article says,

“The court’s use of a predetermined sentence imposed two days before the sentencing hearing infringes on defendant’s right to counsel at sentencing,” Mr. Smith wrote. “The defendant was prejudiced by the court’s failure to consider the defendant’s mitigating witnesses and rebuttal arguments.”

Mr. Smith also pointed out that, while Ms. Stark was acquitted of the charge of engaging in forcible rape, the judge’s sentencing analysis included a “finding of physical force.”

“The court should not be allowed to substitute its own factual findings where the jury has held that force was not used,” he said.

Finally, Mr. Smith claimed that Judge Brodrick did not consider Ms. Stark’s low score on a risk assessment test, which indicated she was unlikely to commit another crime.


Stark is being held at the Maine Correctional Center in Windham. Smith filed his own appeal earlier this month.

Reference

Stark Seeks Rape Sentence Appeal