Defending Child Sexual Contact Charges
Why would a child accuse someone if it weren’t true? That’s exactly what everyone will be asking in a criminal case alleging child sexual contact. For the defendant in such cases, the utter terror felt is palpable. Life is forever changed—regardless of the verdict. Being accused of child sexual abuse or exploitation—whether it’s viewing or filming pornography, or actual assault, mutilation, or incest—will have serious consequences delivered by both legal penalty and societal norms.
The Difficulties of These Cases
These kinds of cases are inherently difficult to deal with. The implications are disgusting and immediately get a rise out of people, who can’t imagine how stories of such abuse could possibly be fabricated. In fact, 80 percent of Nevada residents believe child sexual abuse is a grave issue in the state, and a significant portion of the adult population report having experienced sexual abuse as children themselves. Most of the time these cases are based almost entirely on what a child has to say, and, because many cases are reported long after the alleged abuse occurred, there is often no forensic evidence. Furthermore, there is rarely any eyewitness testimony to back up claims of criminal activity. Defending someone facing these charges is, nonetheless, extremely difficult due to the nature of the charges and society’s rightful obligation to protect innocent children. The defense is left to address three central points:
- Is it Plausible? The defense must reconstruct the timeline of events down to the last detail and attempt to find independently verifiable facts to support a plea of innocence. Are there records to demonstrate that the defendant was in a different location when the alleged crime occurred? Phone records, credit card statements, receipts, and all kinds of events should be examined to see if they can demonstrate innocence.
- Is the Witness Credible? Are there inconsistencies in the child’s statement? The defense will necessarily speak with everyone possible to get a picture of the child’s personality. Friends, teachers, fellow congregants, and neighbors may be able to reveal what a child’s life was like at the time of the alleged crime. What was the child’s home life like? Have there been other incidents involving dishonesty of a serious nature? Did the child have counseling in advance of the accusation? After the allegations? What, if anything, does social media reveal? Does the child discuss the accusations? Is there a tendency to seek attention or exaggerate?
- Is Whatever Occurred Reliably a Criminal Act? While a child may honestly and credibly believe that something inappropriate has occurred, there is always a possibility that the child’s view was tainted by a parent who has leaned into the theory that the defendant has committed a crime. While the report is truthful, it has been misinterpreted, exaggerated, or colored by the thoughts of an adult who was not present for the event in question or who may have a bone to pick with the defendant.
Protecting Your Rights
The experienced Las Vegas criminal defense attorneys at Lobo Law believe that every defendant is entitled to a vigorous defense, regardless of the charges. To discuss your situation, schedule a confidential consultation in our Las Vegas office today.
