Police need specifics to investigate sexual abuse claims

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Merely a suspicion that a person is a sexual abuser of children is generally not enough for police to investigate, Knox County Sheriff’s Department Chief Deputy Todd Butler says.

As many specifics as possible are needed, particularly the names of suspected victims.

“My advice is to call not only law enforcement. Call [the Department of Human Services] and the district attorney,” Butler said.

Covering all the bases offers the best chance of not having a complaint fall through the cracks, he said.

Still, Maine law has made it difficult to prosecute a case such as Mack Hyler’s.

If not for his connection to a school, Hyler might not have been charged.

In Maine, consensual sexual contact with a person as young as 14 is not criminal, except under specific conditions, such as the victim having a diminished mental capacity or if the perpetrator works at the school the victim attends.

Sexual contact is legally defined as “any touching of the genitals or anus, directly or through clothing, other than as would constitute a sexual act, for the purpose of arousing or gratifying sexual desire or for the purpose of causing bodily injury or offensive physical contact.”

A gross sexual assault charge involves a sexual act.

A sexual act is defined as any act between two persons involving direct physical contact between the genitals of one and the mouth or anus of the other or direct physical contact between the genitals of one and the genitals of the other. A sexual act may be proved without allegation [of penetration] or proof of penetration, according to Maine law.

A 16-year-old may consent to a sexual act so long as certain conditions do not exist, such as a connection to a school where the perpetrator has supervisory or disciplinary authority over the victim or if the victim has diminished mental capacity.

Rules in schools changing

Meanwhile, Maine’s rules for school employees are changing.

Judy Lucarelli, deputy commissioner of the state Department of Education, said the new Maine law pertaining to fingerprinting and criminal background checks for school personnel applies to teachers, administrators and all full-time, part-time, stipend and contracted workers who are paid by school departments.

The program is moving along faster than expected, Lucarelli said, noting that about half of the 50,000 employees have been fingerprinted and undergone background checks.

Depending on which convictions, if any, that a criminal record check turns up, the department will use the information to determine whether to issue or deny a license, Lucarelli said. A license means any certificate, authorization or approval to work at a school.

And there are other ways to pursue a sex abuse case, according to Geoffrey Rushlau, district attorney for Knox and three other midcoast counties.

Although a sexual relationship may not be criminal, a civil case could be made.

Rushlau said suspicions of sexual abuse involving youngsters should be reported to DHS, the District Attorney’s Office or local law enforcement. Having as much information as possible is important, he said, noting that his office sometimes gets reports that do not provide enough information even to allow assignment of an officer to investigate.

When asked whether any other reports involving Hyler had been made over the years, Rushlau said he did not know. Even if he did know, Rushlau said, he would not disclose that information because it would have been an investigation that did not lead to charges.

Report of abuse required

Maine law allows for anyone to make a report of suspected child abuse or neglect to DHS, but certain people are required to report reasonable suspicions.

The mandatory reporting law was enacted in 1965, but underwent major changes in 1975, 1980 and 1985, according to Assistant Attorney General Deanna White.

The mandatory reporting law requires that people in a variety of professions, including law enforcement, report cases if they know or have reasonable cause to suspect a child is being abused or neglected.

Professionals required to report include: police officers, emergency medical service persons, registered or licensed practical nurses, dental hygienists, teachers, guidance counselors, school officials, psychologists, municipal code enforcement officers, municipal fire inspectors, and, in certain circumstances, clergy. A member of the clergy acquiring the information as a result of professional work is mandated to report except for information received during confidential communications.

The law also says that a person reporting in good faith suspected abuse or neglect is immune from criminal or civil liability for reporting.

Signs of such abuse can be physical, behavioral or verbal.

Physical indicators include lacerations, bruises, nightmares, complaints of irritation or pain in the genital areas, discomfort sitting or having sexually transmitted diseases.

Some behavioral signs can involve anxiety when a child approaches a location where he or she has been abused, hostile behavior when approaching adults and withdrawal from activities and friends. Verbal signs can involve a child saying he or she does not like a particular person or that he or she does not like being alone with a certain person.

A Web site that may be helpful is www.prevent.abuse.now.com/home3.htm

-Leanne M. Robicheau