Defending Against Child Molestation Charges

Defending against child molestation allegations is difficult, especially if a child is the accuser. The presumption is that a child would not lie about such a serious charge. However, innocent people have been brought to trial and even convicted where little to no evidence has been offered to verify a child's or third party's allegations.

The accused may face a number of charges that include any of the following:

child pornography
lewd and lascivious behavior
indecent exposure
sodomy
statutory rape

As often said, the best defense is a good offense. Discrediting untruthful witnesses, including a child who may have been coached, is often necessary. If you have been accused, or suspect that you will be accused, it is imperative to retain an attorney as soon as possible.

YOUR LEGAL RIGHTS

It is important that you understand your rights if charged.

FOURTH AMENDMENT

This amendment prohibits unreasonable searches and seizures. It states that a warrant must be issued upon probable cause. You can demand to see a warrant if police demand to search your home or private premises. The warrant must provide in specific and correct detail the areas that will be searched.

FIFTH AMENDMENT

You are protected against self-incrimination under this amendment which means you do not have to offer any assertions to the officers who arrest you. Also, you don't even need to testify in court. It is advisable to consult with an attorney first before even offering any verbal or written defense.

SIXTH AMENDMENT

Under this amendment, you can compel any witnesses to appear and testify so that you can confront them. This amendment also provides the right to a speedy trial.

INVESTIGATE

A good attorney will know to leave no corner unsearched. His investigation may include ordering an physical and psychological examination of the child in question to determine any patent signs of abuse. If the accuser is a third-party adult, the attorney will try to delve into possible motives behind the accusation. Unfortunately, in too many child custody cases, one parent may assert child sexual abuse to gain leverage in divorce proceedings. Your lawyer should retain copies of any proceeding, any examination, any police report to get an idea of when, what and how events occurred.

KNOW ALL OF THE PARTIES INVOLVED

You should know all of the parties who can affect your case. This not only includes the accuser(s), but also those who may serve as witnesses, both defensive and prosecutorial. Make a list for your attorney detailing your relationships with all, especially those who may have grudges against you or those who can attest to your character.

ROMEO AND JULIET LAWS

Unfortunately, consensual sex between teenagers can bring allegations of child molestation against older teens. If you are a teen (or a parent of a teenage child) who has been charged with having sex with a younger girlfriend (or boyfriend), several states now have laws that differentiate these cases from unambiguous sexual assault cases. Known as "Romeo and Juliet" laws, these laws provide that consensual sex between minors is not the same as molestation and should be treated differently.

GETTING HELP FROM A LAWYER

It is imperative that you obtain the services of a highly experienced attorney in cases of child molestation allegations. If you suspect that you may be charged, your defense needs to begin immediately. Only a seasoned attorney who has dealt with these types of cases will know how to protect your rights, possibly saving you from an embarrassing trial as well as incarceration.