BANGOR, Maine — Family and friends of a 4-year-old girl they say was sexually abused held a rally on Monday on Hammond Street in an effort to get the Penobscot County district attorney to file child sex abuse charges.
District Attorney R. Christopher Almy said Monday there is not enough evidence in the case to charge anyone.
The girl’s father said late Monday afternoon his daughter told him and his current wife that a relative had been engaging in activity with her “that no child should even know about.” The Bangor Daily News is not naming family members because no one has been charged with a crime and to protect the girl’s identity.
The father said he obtained a temporary protection from abuse order against the relative and planned to be in court on Friday to apply for a longer term order.
The girl’s father said about 20 family members and friends of the child participated in the rally.
The man said he believes authorities have gathered enough evidence to bring charges. He said his daughter has been interviewed by police, a representative of the Maine Department of Health and Human Services and a therapist, among others.
“All I can say is we don’t have that type of evidence,” Almy said during a media conference Monday afternoon in his office. “And even if DHHS did validate a claim, which they can’t do, even if there was a therapist, that’s not admissible [in court]. I think there’s a misunderstanding as to what type of evidence we can present.
“Child abuse cases are serious cases, and we take them seriously,” he said, pointing out a 27-year prison sentence he obtained earlier in the day against a Carmel man convicted of repeatedly sexually assaulting a Winterport girl when she was 10 years old.
“But at the same time, I think it’s important to realize that when we bring cases to court, we have to make sure that the evidence that we have available for a judge or a jury is valid evidence and that we’re not going out and accusing somebody falsely of an offense that has quite a bit a stigma to it,” he said.
“At this point in time, what we have for evidence here is not the type of evidence we could get a conviction with. [It’s] very difficult to convict when the child is the only witness and the child is only 4 years old. I don’t think we’ve ever prosecuted a case with a 4-year-old child,” Almy said.
Almy said there is no physical evidence of any assault at this point.
To reach a sexual assault advocate, call the Statewide Sexual Assault Crisis and Support Line at 800-871-7741, TTY 888-458-5599. This free and confidential 24-hour service is accessible from anywhere in Maine. Calls are automatically routed to the closest sexual violence service provider.