Among the most sensitive and heart-breaking crimes are those that involve child pornography. The alleged offender must face fierce public scrutiny, embarrassment, and the possibility of a conviction which can ruin their future on various levels.
When defending those who are falsely accused of sexual assault, molestation, or child sex crimes, it is imperative to establish the facts of the case. Yet, even when faced with the facts, a jury may be swayed by their emotions, typically triggered by the prosecution.
In my time as a sex crimes defense lawyer in Tucson, Arizona, I have witnessed and defended innocent people accused of sexual assault, molestation, and other child sex crimes. One thing I can tell you is that such an accusation is difficult to overcome even after I established that my client was innocent.
It is routine for me as an attorney representing people charged with child sex crimes to ask clients who claim to be falsely accused of sexual assault or sexual abuse by a teenager: Did you take her cell phone? A surprising percentage of these people say “Yes.”
In virtually all jurisdictions in the United States there are child advocacy centers where children are taken to be interviewed following claims of being sexually molested or physically abused. These advocacy centers are theoretically staffed by people trained to question children in a non-threatening way and with techniques designed to elicit actual facts from the child.
Child sexual abuse trials are common because the plea offers are usually unacceptable. A criminal defense lawyer handling such a case must know how to try one. The most important part of a trial is the opening statement.
Since the early 1970’s following an article by Dr. John Caffey, staff in virtually every emergency room in North America and Europe have uncritically accepted the Shaken Baby Syndrome as a reliable diagnosis.
If you become a suspect in an investigation involving child sexual abuse allegations, your first contact with the authorities may be from a social service agency like Child Protective Services. People are often told the CPS investigation is simply trying to get information to close a file or to help a traumatized child. Do not be fooled.