AUBURN — A Sumner man sentenced to 25 years in prison for sexually assaulting a 10-year-old girl will be barred from parks, playgrounds, schools, fairgrounds, arcades, recreational facilities and amusement parks for a decade, after his release from prison, a judge said Tuesday.
Androscoggin County Superior Court Justice Lance Walker put the prohibitions on Kevin Scott Ayer Sr., 49, who was sentenced Friday. Ayer was back in court this week to clarify the terms of his 10-year supervised release.
Prosecutors had wanted Ayer to be kept from “hanging out” anyplace “primarily used by children under the age of 18.”
Ayer’s attorney, George Hess, objected to that condition, arguing that language was too vague.
“If (the state is) going to propose something, it should be very specific … so (Ayer) knows where that line is and doesn’t step over it,” Hess said.
Walker agreed.
The two sides reached a compromise on the wording of the restriction that included specific types of public places, but would give Ayer’s probation officer the option to allow exceptions and identify other prohibited areas.
Other conditions of Ayer’s release include no contact with anyone younger than 18 nor with the victim and her immediate family. Ayer must undergo sex offender counseling and mental health evaluation and treatments and take all prescribed medications.
He will be barred from having any sexually stimulating material and won’t be allowed to use the Internet without permission from his probation officer. He may be searched at random for those materials and for any evidence of disallowed contact on any electronic devices, including a cellphone.
He must undergo substance abuse treatment and will be barred from having illegal drugs and alcohol and will be subject to random search and testing for them.
Ayer will have to live in an area that is supervised by a sex offender specialist and register as a sex offender for the rest of his life.
In January, Ayer was convicted at trial of three counts of gross sexual assault and one count of unlawful sexual contact with penetration on a child younger than 12.
Assistant District Attorney Lisa Bogue had argued for a 30-year sentence plus lifetime supervised release.
Hess urged the judge to impose a 15-year sentence on the gross sexual assault convictions, but suspend eight years of that time. He argued for a period of supervised release of six years.
He said his client is disabled with emphysema, asthma and a heart condition and receives Social Security benefits. Ayer attended Lewiston Middle School to the eighth grade, then earned a General Educational Development certificate, which is the equivalent of a high school diploma. He also has been diagnosed with bipolar, depression, anxiety and post-traumatic stress disorder and has a history of substance abuse, Hess said.
A detective at Lewiston Police Department said Ayer sexually assaulted his 10-year-old victim during the summer of 2013 in Sumner and Lewiston, based on interviews conducted by a specialist at the Androscoggin Child Advocacy Center. The victim described events that began with Ayer showing her sex videos on his cellphone then escalated to oral sex and genital-to-genital contact.
While out on bail, Ayer was charged last year with violating conditions of release and unlawful sexual touching. He was accused of inappropriately touching two teenage girls he hired to clean his trailer. He also sought to solicit sex acts in exchange for money, according to the Oxford County Sheriff’s Office.
Ayer’s criminal history includes multiple convictions for criminal trespass, assault, burglary and theft over two decades.
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