Bangor man guilty in acquaintance rape

Posted Sept. 16, 2008, at 4:21 p.m.
Last modified Jan. 29, 2011, at 7:17 a.m.

BANGOR, Maine — A local man accused of raping a female acquaintance last fall was found guilty Tuesday by a jury in Penobscot County Superior Court.

John Auclair, 45, was acquitted on a count of Class A gross sexual assault but was convicted on a count of Class B gross sexual assault.

His sentencing was continued to a later date, but he could face up to 10 years in prison on the lesser charge.

The charges stemmed from a single incident last fall at his apartment in Bangor. Auclair, the victim and another woman had gone there after a night of drinking, according to court testimony.

At some point the next morning, the victim testified that she awoke to Auclair having sex with her. Auclair, meanwhile, told detectives that the sex was consensual and that the woman initiated contact.

The difference between the two counts, which involved the same incident last October, was whether Auclair forcibly raped a 41-year-old woman in his Bangor apartment or whether she was otherwise incapacitated and therefore unable to resist.

The trial focused on which story the jury found more credible, Auclair’s or the victim’s.

Penobscot County Deputy District Attorney Michael Roberts pointed out after the trial that the conviction, even on only one of two counts, showed that the jury found consent was absent.

Auclair’s attorney, Kirk Bloomer, declined to comment.

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