Defense Against Child Sexual Abuse Charges

Being accused of a sex crime is a serious matter, but when the victim of a sex crime is a child, society feels a heightened sense of outrage and an accompanying desire to mete out punishment.

Child Sexual Abuse Charges and Laws

Many states have specific sexual statutes that relate to such misconduct, and often, sex crimes against children are not solely limited to a literal label of sexual abuse. For instance, in Florida, anyone “who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.” In such a charge, if the perpetrator is an adult, and the victim is younger than twelve years of age, then the perpetrator can receive a minimum of twenty-five years in prison and lifetime probation/community control, and up to a term of life imprisonment. 

Other states, simply increase a perpetrator’s sentence if the victim of a sex crime is a child. For instance, in Arizona, the crime of sexual assault, defined as nonconsensual sexual intercourse or oral sexual contact, carries a potential penalty ranging from a little more than five years up to fourteen years of imprisonment. That same law also allows for additional time to added depending on the age of the victim.  

Penalties for Receiving Child Sexual Abuse Conviction

There are several potential consequences of a child sex abuse conviction. For one, incarceration in a state prison or, depending on the defendant’s behavioral state, a state mental health facility.  Studies have shown that prisoners serving time on child sex abuse charges face a heightened risk of violence from other prisoners. Moreover, a conviction will include sex offender registration, which usually means a restriction on and where a convicted offender can reside or work, and may very well affect getting a job, financial aid for school and cause someone to be treated as a social outcast. Finally, not only can a conviction lead to sizable monetary fines, it can also be used in a civil lawsuit against the defendant.

Can a Lawyer and Legal Defense Help?

Because of the severe sanctions associated with child sexual abuse charges, and the often detailed interplay of criminal law, courtroom evidence (particular with regards to eyewitness and expert testimony) and the need to present one’s case persuasively to a jury, someone accused of such an offense should consider retaining counsel. An attorney can investigate the charges, and if the evidence is insufficient, possibly get the case dismissed before going to trial.

In the event of a trial, a criminal defense lawyer can inquire of a complaining witness to see if their accusation has been tainted by mistaken identity, personal bias, or by outside pressure to name the accused, such as in a contentious divorce case. Likewise, if a defendant’s conduct was the product of a behavioral disorder, a defense attorney can possibly pursue such a defense. Moreover, should the defendant be found guilty, a lawyer can assist with any appeal. 

Clearing a Criminal Record in Child Sexual Abuse Cases

If a charge of child sex abuse (or similar charges) is dropped or dismissed, or if an accused is found not guilty at trial, an attorney can also assist a defendant in pursuing a possible finding of factual innocence or otherwise sealing a defendant’s criminal record so the accusation does not unduly burden the person in the future.