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Oral Testimony in Support of LD 25 An Act to Protect Child Victims of Sexual Abuse

Public Hearing - February 12, 2009 (Maine State House)


Senator Bliss and members of the Judiciary Committee:
I am testifying today in support of LD 25, An Act to Protect Child Victims of Sexual Abuse. I am a licensed
master social worker and guardian ad litem. I am also the grandmother of a child victim of sexual abuse
whose perpetrator was never prosecuted. The perpetrator was my daughter's ex-husband, who had
become heavily involved in narcotics and was sexually abusing the child during weekend visitation.
I know the nightmare first hand of finding out your grandchild was the victim of sexual abuse. My
grandchild was four years old at the time of the disclosures. And as traumatizing as the original
disclosures were, that was only the beginning of the nightmare. This crime occurred several years ago
but our family still has not recovered from it. The perpetrator was never arrested despite reports to the
local police department. I did not feel that the case was properly investigated. The District Attorney
would not prosecute the case.
We tried to obtain prosecution when the child was four years old. At that time the police officer on the
case told us that he was too young and that we should wait until he was older. I do not believe the case
even made it to the District Attorney's office at that time. We went to court and fought for a Protection
from Abuse order to protect the child. Despite our reporting this crime to Child Protective Services, they
never got involved. No one helped us fight this battle to protect a small child from a sexual deviant. It
was a terrifying experience. We were fortunate in that the father voluntarily terminated his parental
rights.
Two years later, when the child was 6 years old, and could speak better, we tried again for prosecution.
This time we were told they were sending the file to the District Attorney's office (2 years after the
crime). I do not know if the District Attorney knew anything about the case originally. We thought at
that time they would prosecute. My daughter was contacted a couple of weeks later informing her that
they were not going to prosecute because no one would believe the child's memory from back when he
was 4 years old. That same week, my daughter received a phone call from Child Protective Services
asking about her ex-husband because there was a new complaint that he was sexually abusing his infant
daughter. He was never prosecuted for that one either. As far as I know, he is still living with small
children.
Because he was not prosecuted, our family was harassed by him and his family for several years after
the original charges despite a protection order and restraining orders. They would follow us in cars, wait
for us in parking lots, follow us around the stores, and scream profanities at us even with the child
present. We could no longer take walks without someone screaming profanities at us or following us.
My daughter made numerous complaints to the police department but received no help. Someone
spray painted profanities about her in public parking lots around the area and the police would not
investigate this. Someone wrote profanities about her on money and sent it around the county, no one
investigated this either. Our family received absolutely no help from anyone. This perpetrator and his

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)

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