"The measure is clear by its own language -- it clearly provides that a prior conviction can be in the same case as long, as it's a separate criminal act," said Tiktin.

"The text itself clearly makes the defendant fall within the statute if it's a separate criminal act," the judge added, then telling prosecutors they would have to prove that.

"The court found separate criminal acts during the trial," said Tiktin. "But as a fact-finder, the court is going to reopen the argument about them being separate crimes."

Tiktin said the state gets a chance to prove the counts did not arise through a continuous and uninterrupted act.

Pointing at Bray, District Attorney Patrick Flaherty told the courtroom, "Each time the defendant sodomized the victim, he had a separate, distinct objective. And each time the defendant raped the victim, he had a distinct criminal objective."

"He first rapes the victim, then there's a clear break, to the extent where the defendant goes to the kitchen and eats a bowl of cereal, orders her to clean herself up -- then he sodomizes and rapes her again," Flaherty said.

"He had a conscious and unlawful, i.e. criminal objective. Under that analysis, there were four criminal episodes," Flaherty argued.

The judge took another brief recess at lunchtime and planned to hear more arguments from Bray's attorney when they reconvened in the afternoon.

Bray's mother, brother and family friend all addressed the courtroom.

His younger brother spoke to the judge, telling him how much he appreciated his brother Thomas and how he's guided his life throughout the years. 

A family friend told the judge Bray was always like a big brother to her.

His mother's words brought Bray to tears a second time as she told Tiktin how her son acted like a second father to his younger siblings.

The mother of the victim in the case addressed the courtroom as well, asking the judge to lock up Bray so he can't hurt anyone else. She told Tiktin that Bray destroyed her daughter's life and took away the smile she once constantly had.

The mother also spoke of how the attack took away her daughter's ability to sleep and live on her own.