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family harrassed us continually until some of them moved out of state. They had the clear message that
they could do anything they wanted and no one would protect us.
My grandchild was traumatized and nothing was done about it. My grandchild made the statement to
me that "the police don't believe me." We still see the perpetrator around the area once in awhile. I still
live in fear he may try to come get the child someday or go back to court to try to obtain visitation again.
Because of this nightmare, I went to school and obtained a master degree in social work for the sole
purpose of trying to help child victims and their families. During my advocacy work, I met other families
who have gone through the same type of nightmare.
One of the problems in this type of crime is that the only witness is often just the child. They are unable
to testify in court. Some states allow videotaped or closed circuit television testimony by the child victim
but in the area I live, the District Attorney refused to consider this. I do not feel that enough evidence
was gathered during the initial investigation for him to prosecute the case anyway. The main evidence
that we did have would have been disclosures that the child had made. Child victims of sexual abuse
often disclose accidentally by either bizarre sexualized statements when you least expect it and exhibit
strange, sexualized behaviors.
Our state needs to change the laws in order to help these child victims. There have been entire books
written on how to work with small child victims in the courtrooms. Child Advocacy Centers have been
developed to assist with forensic investigation and victim assistance.
Other states allow hearsay evidence exceptions for cases involving child victims. A case would never be
based entirely upon these statements but they are certainly vital evidence. The entire system on how
these cases are handled in Maine needs to be changed. Every case in this state must be handled in the
same manner, by specially trained professionals, so that no child should ever be re-traumatized after
disclosure. The hearsay evidence exception is just a very small part of the changes that need to be
made. I have been researching this subject for several years. Systems have been developed in other
states. We cannot ignore that there are crimes against small children in our state any longer. These
children have a right to "equal protection under the law" as guaranteed by the 14th Amendment of the
United States Constitution .
There have been those in our State in the past who have seen the need to change the current system.
2003 - "The Arrest, Prosecution and Sentencing of Sex Offenses in Maine: Suggestions for
Improving the System" - a research project by the Muskie School at the request of the Department of
Corrections found that improvements were needed in training, the legal process, policy and procedures,
investigation, victim services, and inter-agency coordination.
1997 First Session of the 118th Legislative Session Legislative order to form a work group to
investigate the problems and issues around prosecuting cases with child victims. This work group, that
was to include the Attorney General's Office, was to submit a report the next year. After I could not find
the report, I contacted the Attorney General's Office in 2002. I was informed by a letter that there was
no evidence that the work group was ever formed.
We cannot continue to allow sick people in our State to hurt children and get away with it. Everyday
we hear about yet another case of a child being severely beaten, sexually abused or killed. We have to
send a clear message to these perpetrators that we will not allow them to do this in our state. Right now
they have the message that if they target small children, they won't be prosecuted. And the laws seem
to be based solely on protecting the criminal and not the victim.
Thank you for your time.
Respectfully submitted,
(mainepatty)