Legislation designed to increase the penalty for those convicted of gross sexual assault on children was not allowed to go to debate Tuesday on the floor of the Maine House of Representatives.

Known as Jessica’s Law, LD 1717 would impose a mandatory 25-year prison sentence on any person convicted of this Class A felony against victims under 12 years of age.

Led by House Democratic Leader Glenn Cummings, of Portland, representatives chose by a 68 to 66 vote to table the bill indefinitely, all but killing it for the remainder of the legislative session. To reintroduce the legislation for debate would take a two-thirds vote by the House or a change of heart by Cummings.

As one of those who spearheaded the legislation, State Sen. Bill Diamond, D-Windham, chair of the Criminal Justice and Public Safety Committee, is “very disappointed” in the decision to table.

According to Diamond, there is widespread public support for Jessica’s Law. He believes the action to table the legislation stems from those who don’t want to be perceived by their constituents as being against more severe consequences for these sexual predators.

“Those who want to be able to vote “no” don’t want to be seen as voting no,” Diamond said.

But Cumberland County District Attorney Stephanie Anderson thinks Jessica’s Law is a bad idea for several reasons.

With a law like this in place, Anderson says more cases might go to trial, but fewer criminals would actually serve jail time because there wouldn’t be as many convictions. With the plea bargain, some may serve less time, but more convicted offenders would be incarcerated.

Anderson also says many of the trials would be difficult because the child must testify against the offender.

“The children are not going to be able to testify – it’s as simple as that,” she said.

Anderson says “to simply say 25 years doesn’t take much thought.” And she questions why the bill focuses only on gross sexual assault instead of considering sentences for all sex crimes involving children.

When Diamond heard Anderson’s remarks, he said he wouldn’t have a problem including other crimes but that the bill before the legislature now addresses the Class A felony of gross sexual assault only.

“I think they’re two separate issues,” he said.

Raymond resident Dana Desjardins is a proponent of Jessica’s Law. He voiced his support of the bill at last Friday’s press conference at the Portland Police Department.

Desjardins’ 10-year-old son was assaulted in his home last summer by Derrick Coffin, a water delivery man. After pleading guilty to the crime, Coffin was sentenced to serve eight years in jail – time that could be reduced to six-and-one-half for good behavior.

Desjardins says he favors the bill not only because of what happened to his son but because he strongly believes more needs to be done to keep sexual predators in prison in order to prevent them from re-offending.

But Anderson says there are other ways to work toward achieving that goal. One step would be to change the laws that govern appealing a sentence.

“Right now,” she said, “the prosecution cannot appeal a sentence because it’s too low, but a defendant can appeal if they think it’s too high.”

She does agree with an extended probation, which is one provision in Jessica’s Law. But she says electronic monitoring, another component to the bill, only works for issues of curfew.

Convicted offenders have left their homes and committed crimes while on electronic monitoring.

“The thing I don’t like is it gives people a false sense of security that people’s actions are being monitored,” she said. “But they’re not – it’s just when the person crosses the threshold.”

Although she acknowledges that the rate of recidivism is extremely high in this type of crime and that it is difficult, if not impossible, to rehabilitate a sexual offender who preys on young children, Anderson believes more treatment must be available for these offenders while in prison.

These are the very reasons Diamond and other supporters of Jessica’s Law feel their sentences should be long.

Rep. Kimberly Davis (R-Augusta), who attended the press conference, said that a 25-year mandatory sentence is justified for those who commit these horrible crimes against children.

“Anything less will condemn other innocent children to the same fate,” she said.

And Sen. Dean Clukey (R-Aroostook), is another proponent of this legislation who also spoke at last Friday’s press conference.

“This is a chance for Maine to become a leader in the fight against these predators rather than being a state with one of the weakest range of penalties in the country for crimes against children under 12,” he said. “These sexual predators don’t change their ways, they just change their addresses.”

In fact, Clukey is so passionate in his belief that the law is right for Maine that he has started the process to put it out to the public for a referendum vote. Although he hasn’t yet decided whether to go ahead, he has already obtained the application.

“I believe the overwhelming majority of the citizens of Maine would support that bill,” he said in a phone interview on Thursday morning.

For now, Clukey will hold off on beginning the process of collecting the 50,000 signatures needed. He’s waiting to hear the decision on a motion made by Rep. Richard Sykes (R-Harrison) to take the legislation off the table. Although the Speaker ruled the motion out of order, there is a possibility that his decision will be reversed.

Diamond may be discouraged by the decision to table the bill, but he wants to get the word out to the residents of Maine about where the legislation currently stands and to encourage them to talk to their legislators.

“I’m hoping we can let the sun shine on that procedure,” he said.

Raymond resident Dana Desjardins, whose 10-year-old son was assaulted by a water delivery driver last summer, addressed the crowd at a press conference Friday at the Portland Police Department. He asked for support of LD 1717, Jessicatime offenders convicted of gross sexual assault against victims under 12. The House this week effectively killed the proposal. Behind Desjardins from left are Rep. Kimberly Davis (R-Augusta), Sen. Bill Diamond (D-Windham) and Sen. Dean Clukey (R-Aroostook County).

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