A Standish man was arrested last Thursday and charged with gross sexual assault and unlawful sexual contact.

Later he was released, not because he posted bail, but because the District Attorney’s Office did not feel there was enough evidence to go to trial.

The 21-year old, whose name was initially made public, was accused of sexually assaulting a five-year-old boy from Standish over a six-month period.

A Cumberland County Sheriff’s detective and two Scarborough police officers had arrested the man in Scarborough. He was originally being held on $3,000 bail.

According to Captain Frank Lyons of the Cumberland County Sheriff’s Office, the man was arrested “on probable cause,” which Lyons defines as “information a prudent and cautious person needs to believe that an individual has committed a crime.”

But sometimes the District Attorney’s Office needs more than the facts in evidence to proceed to trial.

“We look at all the factors involved to determine if there’s a reasonable likelihood if charged that it could be proven beyond a reasonable doubt,” said Robert Ellis, assistant district attorney with the Cumberland County District Attorney’s Office.

Ellis said that, while it is within the prerogative of the police or sheriff’s department to make the arrest, the officers sometimes consult with the district attorney first to determine if the evidence is there to support a trial.

But Lyons said that oftentimes, they aren’t able to wait for that option to become available and must act on their belief of probable cause.

Part of the reason that Ellis determined not to prosecute this particular case was the age of the victim. With a younger child as a witness, it becomes harder to make a case.

According to Lyons, if the child repeats the same story in three different environments, there’s a very good chance that it’s true. But in some cases, either intentionally or by the simple power of suggestion, a parent might coach or prompt a child to say something that incriminates another person.

Ellis agreed, saying that young children do not have the same “power of recall” as older children, therefore making their testimony less reliable or convincing.

But what now for the man who was arrested and released?

Lyons acknowledges that, while in this country a person is innocent until proven guilty, it can be hard on anyone who has been accused of sexual assault.

“It’s always a quandary of what do you make available and what don’t you make available to the public,” he said.

And even though the Standish man is free for now, according to Lyons, he could be arrested again if more evidence is uncovered. In the meantime, “family court action is taking place,” which is one benefit the boy has received from the allegations.

Lyons conceded that while investigating possible criminal activity, instinct sometimes comes into play.

“Anybody that says they leave their gut feelings at home is lying,” he said. “But it is a combination of training and experience. Gut feeling does play a role but not in the actual arrest.”

And, although Lyons believes the arrest was justified, he understands why the District Attorney’s Office chose not to prosecute.

“What does justify as prudent and cautious?” Lyons asked. “It’s always a delicate balancing act.”