It is tough to imagine a more sinister crime. In a criminal case alleging child sexual abuse, public sentiment is essentially guaranteed to be against the defendant, which is just one of the reasons that these kinds of cases are innately difficult to fight. For the person on trial, the unqualified trepidation associated with the charges and trial is logical. A defendant’s life will never be the same—the verdict notwithstanding. Being accused of child sexual abuse or exploitation— whether it’s viewing or filming pornography, lewd acts, incest, or actual assault of a child— will have grim consequences delivered by society, regardless of whether a legal penalty is deemed appropriate.
The Challenges of These Cases
The cases themselves contain vile details that elicit a strong reaction from the public, who simply cannot conceive of a child fabricating such a tale. Most of the time these cases are based primarily on what a child reports, and, because a huge portion of such cases are reported long after the alleged abuse occurred (the law allows plaintiffs to initiate a case up to the age of 40 for childhood incidents, or within five years of suffering psychological injuries), there is often literally no forensic evidence available to imply guilt or innocence. Additionally, there is generally no eyewitness testimony to support claims of criminal acts. Even though these cases rely heavily on personal recollections and circumstantial evidence, defending someone facing these charges is extremely difficult due to the nature of the charges and the reasonable obligation to shield innocent children. This leaves defense with three key points to examine:
1- Whether Plaintiff’s Claims are Plausible
The defense must attempt to create reasonable doubt as to the likelihood that the events occurred as reported. That will entail reconstructing the timeline of events down to the last detail and attempting to provide autonomously-verifiable facts to support the defendant’s version of events. It will require a search for records to confirm that the defendant was in a different location when the alleged crime occurred or other evidence to create doubt in the jurors’ minds. Phone records, receipts, credit card statements, and events around the time of the accusations should be examined to see if they can implicate innocence.
2- Whether the Witness is Credible
The defense must examine any inconsistencies in the plaintiff’s statement by communicating with anyone possible to get an image of the child’s personality. Friends, neighbors, teachers, and others may be able to shed some light on the conditions of a child’s life at the time of the purported crime. The defense may be able to utilize facts about the child’s home life, including aspects related to conflict, the need for attention, and so on. They will also conduct an investigation to discover whether the child was ever involved in any episodes of dishonesty about serious matters, and to see what, if anything, an examination of social media reveals. Does the plaintiff discuss the accusations? Is there a tendency to seek attention or exaggerate? All of these issues will be examined.
3- Whether an Event was Misunderstood or Misinterpreted
Although a person may honestly and credibly believe that something inappropriate occurred at the hands of the defendant, is it possible that the plaintiff’s view was contaminated by someone else who has leaned into the idea that the defendant committed a crime? While the complaint itself may be delivered truthfully, is there a possibility that what occurred has been misinterpreted, exaggerated, or otherwise shaded by the impulses of someone else who was not present for the event in question? Is there a possibility that the memory of events could have been influenced by others? A nasty divorce, for example, could feasibly be a factor in such accusations made by a child. Memories from long ago could be muddled with other facts. Did the plaintiff receive counseling in advance of the accusations? After the allegations? What could that mean for the veracity of the claims?
Protecting Your Rights
The experienced criminal defense attorneys at Boertje & Associates believe that every defendant is entitled to a vigorous defense, regardless of the charges. To discuss your situation, schedule a confidential consultation in our San Diego office today.