THE DEFENSE OF SEXUAL ABUSE ALLEGATIONS

To be accused of a sex crime is one of the most difficult situations imaginable. Arrests are common and bail can be very high. Long sentences and draconian conditions of parole or probation are imposed upon convictions. (See: Measure 11 page). Mandatory sex offender registration is required for anyone convicted of any sex crime. Conviction of a sex crime can impose serious limits on a person’s opportunities in life, and will affect their relationships with family, friends, neighbors, landlords and employers.

If you believe you are the suspect in a sex abuse investigation, but no charges have been filed, then you need to talk to an experienced attorney immediately. It is a great advantage to be able to assert your innocence before any charges are filed, but the process must be handled carefully. In many instances, a falsely accused person can convince the investigating authorities that the evidence does not support the filing of criminal charges.

Every person who goes to trial on a sex crime should be prepared to prove their innocence. The state’s constitutional burden of proving every element of every criminal charge beyond a reasonable doubt is judged by a different measure in sex crime cases. If there is a category of criminal case where jurors expect the accused to present evidence of innocence, sex crimes are in that category. Jurors seem to have a lower standard for evidence required to convict for a sex crime, and they are reluctant to discredit the victim unless the accused testifies. For these and other reasons, the accused will probably need to testify in their trial. The pressure is immense, and testifying in these circumstances is a very difficult thing to do. To do so effectively requires a good deal of preparation.

Many reports of sex abuse are false. Sometimes a motive to make a false report is evident, and sometimes not. If your case proceeds to trial, it will be your attorney’s job to identify and prove the reasons for the false report – a difficult task in most cases.

Children can and do make false or exaggerated claims of sex abuse. Typically, a child’s false reports of sex abuse are explained because the child was brainwashed by an adult; or the child acquired false memories that evolve from observed or perceived sexual conduct; or, false reports can be the product of psychological or personality disorders. Sometimes a child will confuse the identity of an offender.

It is not uncommon for a “victim”, especially adolescents and adults, to simply lie about reported sex abuse, most often to get rid of the alleged offender. If the victim is young, or has a personality or psychological disorder, they may soon start believing the lie, until it becomes the truth in their minds eye. People who believe in their false accusations make convincing witnesses, forcing the accused to present an even more convincing defense.

Attorney William Dials has many years of experience and knowledge gained from taking sex crime cases to jury trial. He knows how to obtain disclosure of important records that can explain the motive behind false or exaggerated claims of abuse. He has access to psychologists, medical doctors and other experts that might be needed to prove your innocence. He knows how to select, and then make a convincing presentation to jurors in these most difficult of cases. If you are looking for an attorney to represent you in the defense of a sex crime, please feel free to call Mr. Dials today.