Maine laws on sex abuse complex, numerous

BANGOR – Perhaps the Legislature didn’t feel it necessary to include the title of priest as they passed the state’s sex abuse statutes. They did include teachers, camp counselors, caseworkers, psychologists and foster parents, but this month’s revelations of sexual abuse by priests have left some prosecutors wondering where the clerics fit into the law.

“I know that this is very meaningful in the hearts of many people,” said Cumberland County District Attorney Stephanie Anderson. “But speaking from a prosecutor’s standpoint, they are like any other perpetrator.”

Yet Anderson acknowledges that it may depend on the relationship a priest had with the victim, in deciding what, if any charges, a priest or minister accused of sexual abuse could face.

It was revealed earlier this month that two active priests from Madawaska and St. Agatha had abused minors more than two decades ago. Because the abuse occurred so many years ago, the priests are protected from prosecution by the statute of limitations.

Until 1991, all felonies, except murder, had a statute of limitations of six years. That year, however, the Legislature chose to eliminate the provision in cases of gross sexual assault and gross sexual misconduct if the victim was younger than 16 when the abuse occurred. The elimination of the statute of limitations only affected cases that were still viable for prosecution; therefore, any gross sexual assault or gross sexual misconduct cases involving minors under the age of 16 that occurred after 1985 have no statute of limitations.

In the mid-1990s, the Legislature again addressed the issue, removing the statute of limitations in cases involving incest, sexual abuse of a minor or unlawful sexual contact with a child under the age of 16.

The laws governing sexual abuse are numerous and complex and the severity of the charges depend on the victim’s age, and in some cases, the age and position of authority of the perpetrator.

Anyone is guilty of Class A gross sexual assault if they perform a sexual act with a child under the age of 14. If the conduct involves only touching, the charge would be Class C unlawful sexual conduct.

If the victim is 14 or 15 years old a person is guilty of the Class D misdemeanor of sexual abuse of a minor if they perform a sexual act with the victim and are more than five years older than the victim. The charge elevates to a Class C felony if the perpetrator is more than 10 years older than the victim.

The only way a perpetrator can be convicted of sexually assaulting someone over the age of 16 is if there is a lack of consent by the victim, or if the abuser has a position of authority over the victim, such as that of a teacher, jail guard or doctor.

Anderson is the district attorney who will review a listing of Maine priests who have had accusations of sexual misconduct levied against them. She said it would have to be determined on a case by case basis whether a priest had authority over the victim.

In fact, most Maine prosecutors have never dealt with sex abuse cases involving priests, because only a couple ever went to court, according to Sue Bernard, spokeswoman for the Roman Catholic Diocese of Portland.

One of those was acquitted and another was acquitted on most charges and he worked out a plea agreement with the state on a minor charge.