Child sexual abuse victims don’t have voice, or justice

I want to talk about a subject that few want to hear about, child sexual abuse. Sexual predators depend on our discomfort with discussing this hideous crime. Secrecy and denial feed the beasts that prey upon our children.

Prosecution of these cases is hard, but it becomes even more difficult when the victim is a small child. Judges and prosecutors often believe these small, traumatized victims cannot testify in an open court. Justice is withheld and these children are returned to their own private nightmares. The children learn that no one will listen to them. At the same time, the predator learns to target small children who cannot testify. Believing that they cannot be caught, these depraved individuals continue to violate small children throughout their lives.

Other states have found ways to deal with these problems. Laws have been passed that allow videotaped testimony, closed-circuit television, hearsay statements and other modifications. Child advocacy centers have been created, forensic teams have been trained, and family advocate positions have been developed to help families from the time of the initial complaint. Efforts have been made to ensure protection and justice for small victims.

Our state is backwards in its protection of small victims. How do I know this? A few years ago I discovered that my 4-year-old grandchild was being sexually abused. The details of that abuse are burned forever into my memory. We were able to obtain a protection order but they would not prosecute because of the child’s age. We tried for two years. The last time we were told they were not going to prosecute, someone informed us that the perpetrator had been accused of molesting his infant daughter. No, he was not prosecuted for that crime, either.

Since this predator remained free, our family was terrorized by him and his family for years. This included having them scream profanities at us when we took walks, and being followed by them in cars. Obscene remarks have been spray-painted in public places and written on currency. Our family has had to live with the repercussions of not receiving justice and protection.

Others have recognized a need for change in our system. LD 275 – “An Act To Protect Child Victims of Sexual Abuse” – would have allowed hearsay statements made by a small victim to others, such as a therapist, to be used in court. This bill was killed in the Senate.

Research conducted by the Muskie School in 2003 was requested by the Department of Corrections because of concerns over the low rate of prosecution of sex offenders. Surveys were sent to law enforcement officials, prosecutors, defense attorneys, advocates, the Department of Corrections and Department of Health and Human Services. Participants responded that areas that needed improvement included training, investigation, legal process and policies, victim services and interagency coordination.

And perhaps the most disturbing of all is a 1997 legislative order to investigate this problem that was apparently forgotten. During the first special session of the 118th Legislature, a work group composed of various representatives, including someone from the Attorney General’s Office, was ordered to convene to examine the legal rights of child victims. When I was unable to locate this report, I was told in 2002 by the Attorney General’s Office that they could not locate it or anyone who remembers working on it.

Refusal to discuss this crime does not make it go away. I will never forget that this crime was not prosecuted and that the depraved individual who hurt my grandchild is still out there, probably hurting other children.

Is it a crime to sexually abuse small children in our state? Does the Fourteenth Amendment ensure equal protection for children? Our state must make changes on how these cases are handled to ensure that every case is handled the same and by experts. These young victims are depending upon us to give them a voice. They are babies; they cannot speak for themselves.

Patty Warner of Derby is a master’s degree student in social work at the University of Maine.