I have been charged with sexual abuse. How do I ensure my rights are protected?

A sexual abuse charge can mean different things depending upon the state and/or jurisdiction in which you live. For some it is primarily any sexual contact with children. For example in Florida the law includes any lewd or lascivious touching of breasts, genitals, under or on top of clothing of any person less than 16 years of age, or the forcing of someone of this age to touch the perpetrator in a similar way. In this case if the perpetrator is an adult and the victim is a child less than 12 years old, the perpetrator could be sentenced to 25 years in prison minimum, with a lifetime of probation up to a maximum of life in prison. Other states increase the severity of the sentence of a sex crime of any perpetrator whose victim is a child. In Arizona for example a sexual assault charge is defined as nonconsensual sexual contact and the penalty ranges between 5 years to 14 years in prison. However, this same law permits additional time to be added to this sentence depending upon the age of the victim.

There are many potential consequences and penalties for child sex abuse. The first includes incarceration in state run prison, or, if the defendant is found to need it, incarceration in a state mental health facility. It has also been observed that those who are incarcerated for child sexual abuse face an increased risk of violence from fellow prisoners because of the conviction they have received. Another penalty that follows a child sex abuse conviction is the sex offender registration. This penalty restricts where a convicted offender can live and/or work, and will have serious affects on finding a job, receiving financial aid for education, and cause the offender to suffer the results of a community who will treat him/her as a social outcast. In addition to these legal and social consequences an offender will probably also face large fines, and the prospect of being sued in civil lawsuits.

Anyone accused of a sexual abuse charge should immediately retain counsel. The severe sanctions associated with child sexual abuse charges, the detailed evidence in the courtroom, particularly eyewitness accounts and expert testimony, all necessitate a strong and extremely persuasive defense in order to convince a jury of a person's innocence. Attorneys are free to investigate charges made against their clients, and convince a judge, in some cases, that the evidence is insufficient and that the case should be dismissed. Should the case go to trial, however, a competent attorney can use techniques, such as inquire of witnesses regarding their accusations and whether their testimony is tainted due to mistaken identity, outside pressure to witness against the accused, personal bias, or some connection to a contentious divorce case all of which can reduce the strength of their claims. A good defense attorney might be able to make the case that the defendant's conduct was due to a behavioral disorder if that is the case. If unable to defend his client and get him freed from the charges, an attorney can assist with the appeal process. In short an attorney is the defendant’s best attempt at having his rights protected throughout the legal process.