Woman Claims ‘Imminent Harm’, Avoids OUI Conviction

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February 26th, 2008

"Woman Broke the Law to Escape Secual Assault"

A Kennebec County jury has acquitted a woman charged with operating under the influence (OUI) after determining that she broke the law to avoid sexual assault.

“The law says you can break the OUI law if it’s necessary to avoid imminent physical harm,” said defense attorney Sherry Tash.

The Incident

Anna L. Rocchi, 43, admitted she was drunk driving on July 8, 2007. She also admitted to passing out, after which point she reported that a man drove her to Windsor Fairgrounds and began sexually assaulting her.

“She woke up and found him on her,” Tash said.

Rocchi said she kicked and punched the man, managing to push him out of the vehicle, and then drove to a nearby home for assistance.

Police Called, Charges Filed

Windsor residents called the police, and one resident took Rocchi’s keys. When the police arrived, an officer noted that she was “highly intoxicated” and she was taken to the local police department.

OUI charges were filed against Rocchi, who had three prior OUI convictions. A fourth conviction would have landed her in jail for six months to five years.

‘Harm’ Defense

Her defense was based on the concept of “competing harms,” which essentially requires that the harm Rocchi was fleeing—namely sexual assault—be greater than the potential harm caused by driving while intoxicated.

The jury cleared Rocchi of the felony charges on Friday.

(Source: Kennebec Journal)

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