3 Viable Defenses to Child Molestation Accusations
Nov 12, 2021 14:21
Conviction of a crime of child molestation is something you carry with you for the rest of your life. If you’re accused of any kind of child sex crime, it’s essential that you and your lawyer have a legitimate and valid defense.
With the right approach, it’s possible to get reduced charges, plea agreements, and bond modifications for early release. With adept sex crime attorneys, you could have the charges dropped entirely.
But in order to get the best verdict possible, you should know what defenses are considered viable for a child molestation accusation.
1. Accidental Touching
A child molestation charge can land you prison time and substantial fines. Depending on the state you’re charged in and the crime, the punishment can range from mild to extreme. When the accusation is somewhat true, and you did accidentally touch the child, these penalties are harsh.
Child molestation, by definition, states that the act was willfully committed against a minor. The lewd or lascivious act was done with the purpose of arousing or gratifying lust and sexual desires.
In order to prove the charges and get a conviction, the prosecutor has to show that both of these factors occurred. In an accidental touching situation, there was no willful intent. If your lawyer shows that there is room for doubt or anything is unclear, the other party can’t prove willful and purposeful intent.
2. Lack of Intent
Similar to accidental touching, lack of intent casts a shadow of doubt on the child molestation definition. The problem with this defense is that it’s very hard to prove someone’s intentions, whether good or bad.
This defense is easier to create and show if the accused person doesn’t have a history of sexual harassment, sex-related offenses, or similar charges. If you’ve always been an upstanding, law-abiding citizen, and you were accused of molestation, your character could save you.
Since the prosecutor has to show that you intended to harm a child, your reputation, history, and character witnesses would shed doubt. If you don’t fit the general picture of someone who would act the way the prosecution claims, this is a solid defense.
3. Lack of Credibility of the Victim
One of the major Catch-22’s of child molestation charges is this: No one wants to let a child molester loose. We have to protect our innocent children at any cost. But children are well-known to tell tales and exaggerate stories.
Many final verdicts of child molestation charges are difficult to decide because the case was built on a victim vs. accused defense. Without witnesses, the jury has to turn to who is the most credible.
Juries want to believe children before adults. Why would a child make up such a story? However, if the child in question has a history of lies, exaggeration, and general attention-getting behavior, your attorney could discredit them.
To do this, an expert lawyer will scour their school history, social media posts, and their close friends. If there’s anything in their actions that could show they’re looking for attention, this would be your defense.
No matter what defense you use, none are foolproof. Ultimately, whether you win or lose your case depends on a variety of factors. How on the ball your lawyer is and how wholly honest you are when you talk to them are two of the most important things to consider to get the best results.
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