Argued: July 18, 2018
William H. Ashe, Esq. (orally), The Law Offices of William H.
Ashe, Ellsworth, for appellant Ralph C. Miller
Kathryn Loftus Slattery, District Attorney, and Anne Marie
Pazar, Asst. Dist. Atty. (orally), Prosecutorial District 1,
Alfred, for appellee State of Maine
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and
Ralph C. Miller appeals from a judgment of conviction for
twenty-eight counts of gross sexual assault (Class B), 17-A
M.R.S. § 253(2)(H) (2017), entered by the court (York
County, Douglas, J.) following a jury trial. Miller
challenges the sufficiency of the evidence to convict him of
each count of gross sexual assault. We affirm the judgment.
Viewing the evidence in the light most favorable to the
State, the jury rationally could have found the following
facts beyond a reasonable doubt. See State v. Hall,
2017 ME 210, ¶ 29, 172 A.3d 467.
Miller, who is the victim's biological father, first met
the victim in August of 2008. The victim had experienced an
unstable childhood, and she moved in with Miller and his
family in late 2008. She was fifteen years old at the time.
Shortly after she moved in, Miller put his hand over the
victim's mouth, pulled down her pants, and forced his
penis into her vagina. Following this initial assault, Miller
sexually assaulted the victim in the same way "more than
50 times," "almost on a weekly basis," and
"for month after month between [her] 15th birthday and
[her] 18th." The victim testified that "on every
occasion," Miller "insert[ed] his penis into my
The victim moved out of Miller's house shortly after her
eighteenth birthday. For approximately three years between
2013 and 2016, after she had moved out of Miller's home,
the victim and Miller maintained a relationship that involved
no assaultive behavior. However, on February 17, 2016, Miller
had sexual intercourse with the victim. Following this
incident, the victim, who "felt dirty and gross,"
went to a hospital to obtain a sexual assault examination. At
the hospital, a certified sexual assault nurse examiner
collected semen from the victim's vagina and cervix, and
DNA from the semen was later shown to match Miller's.
A detective from the Biddeford Police Department interviewed
the victim, and she described incidents of sexual assault
beginning when she was fifteen years old. She gave the
detective a number of details regarding the consequences of
Miller's sexual assault on her.
One month later, with the victim's approval, the
detective arranged a pretextual phone call to Miller.
Pursuant to the detective's plan, the victim called
Miller on a recorded line. Among other things, she reminded
him of his sexual assaults. Miller then stated:
I'm sorry for everything. I should have just left you
alone. . . And I just want you to know that no matter what
happens ..., I'm going to love you. I'm still going
to talk to you. You don't have to do that with me if you