2007 Letter sent out to representatives supporting a bill

I would like to bring your attention to a bill currently in legislation. This bill, LD 275, An Act to Protect
Child Victims of Sexual Abuse, addresses one of the problems involved in the prosecution of child
molesters in our state. That is, that it is difficult, if not impossible, for a traumatized child victim to
testify in an open courtroom.
This act, LD 275, which amends an already existing law, would allow "hearsay statements" to be entered
into evidence during criminal proceedings. Reliable witnesses would be allowed to enter testimony of
statements these small children have made to them regarding the sexual abuse. These statements
would then be included in the the body of evidence to be weighed by the jury or judge. Many states
already allow hearsay evidence in cases involving small child victims.
The disclosure of sexual abuse if often accidental on the part of the child. Young victims will tell a
parent, relative, teacher, or therapist details involving the abuse. These young victims would not be able
to recount this same information in an intimidating courtroom full of strangers with the perpetrator
watching.
These dangerous perpetrators continue to prey upon young children because they are not prosecuted.
They have mastered the crime of victimizing this young population. So the real question is, is it a crime
to sexually abuse small children in our state? I'm sure we all agree that it is. However, these cases are
not being prosecuted because of the age of the victim.
As the grandmother of a small victim, whose perpetrator was not prosecuted because of the age of the
child, I cannot emphasize enough the importance of this bill. This child was 4 years old when the abuse
occurred. Two years later, when the child was 6 years old, we were told that they could not prosecute.
During that same week we discovered that the perpetrator was now being accused of molesting his new
infant daughter. He was also not prosecuted for this crime. Without changes in the law, these
perpetrators will continue to hurt young children and go unpunished.
However, this bill is just the tip of the iceberg. Many other changes could be made to our system in
order to help these children. One of the major problems is that all of these cases are not handled the
same and some cases fall between the cracks. Some other things that could improve the prosecution of
child molesters in our State include:
1. Creating programs following the National Child Advocacy Center's models as shown
here: http://www.nationalcac.org/professionals/model/
---Child Advocacy Center in Augusta all cases handled the same, by experts
---Family Advocate Positions in every county assist the families from the time of the original complaint,

track and monitor cases

---Special Forensic Team trained to investigate sexual abuse cases
2. Laws specifically allowing video taped testimony, close circuit TV testimony, and other courtroom
modifications as outlined by the ABA Center for Children and the Law.
Others have seen a need to make changes in the method of handling complaints involving small child
victims..
Legislative Order, 1997, an order to investigate the problems regarding child victims in criminal
proceedings, ordering a work group to investigate and submit a report the next year, led by AG office.
No report found by the law library. According to letter from an Assistant Attorney General - "unable to
find a report or anyone who recalls working on it." The Legislative Order was forgotten the child
victims forgotten?
Muskie Report, 2003 The Arrest, Prosecution, and Sentencing of Sex Offenses in Maine. Research
completed "in response to a request from the Department of Corrections" because of concerns over low
rates of prosecution of sex offenders. Those surveyed Department of Corrections staff, Law
Enforcement Officers, Prosecutors (DA, ADA), Defense Attorneys, & DHS Staff. Reasons listed by these
experts for low prosecution rates: training - legal processes, procedures & policy resources
investigation outreach & public education victim & victim services sex offenders inter-agency
information sharing & coordination.
Judicial Primer on Sexual Abuse, ABA Center for Children and the Law, Washington, D.C. , 1994.
Developed to assist in cases involving small children.
I urge you review and support LD 275. These small victims need our help. They cannot speak for
themselves. They are relying upon us to give them a voice.
I would appreciate an opportunity to meet with you to discuss the issues of protection of and justice for
small child victims. The 14th Amendment, Section 1, ensures equal protection of the laws. These small
victims' Constitutional rights are being violated.
Thank you for your time,
(mainepatty)