The only thing worse than child sexual abuse, which in Florida is charged as Capital Sexual Battery or Lewd or Lascivious Molestation, is being falsely accused of child sexual abuse. I have defended numerous child sexual abuse cases in both State and military courts, and so often prosecutors, investigators, and social workers are blinded by the emotional nature of the allegation and fail to accurately assess the evidence of whether the abuse actually occurred. The biggest danger in these cases is, however, a jury that also becomes blinded by the emotional nature of the allegation. A jury is just a slice of society, and society commonly erupts in anger when informed of a child sexual abuse allegation and immediately convicts the alleged offender in the court of public opinion based on a simple allegation.
In addition to exploring traditional criminal defenses (alibis, bias, motives to fabricate), defending a child sexual abuse case requires experience, and often expert assistance, addressing the following key components of any prosecution case:
1) Disclosure: How, when, where and to whom a child first discloses child sexual abuse is key to determining the veracity of the allegation. Was it inadvertent? Was it purposeful? Was it to an interested party? Was it to a peer? What were the circumstances? Was it during a game of truth or dare? Was it in response to direct questioning on the subject?
2) Motivation: Why would the child make the accusation against the defendant? Was the child coached? Was the allegation suggested to the child by a person with influence?
3) Corroboration: Is there any evidence that corroborates the child’s allegation? Medical evidence? Physical evidence? Forensic evidence? Did the police do their job and conduct a thorough investigation?
I have previously written on the danger of making any statements to law enforcement or investigators if suspected of a sex crime. Any admission can be manipulated by a prosecutor to be evidence of a crime. For example, I have had clients state words to the effect, “I loved her [the child] so, so much. I would never touch her.” While the client thinks they are making a denial, the prosecutor will use the statement to show the close relationship between the offender and victim. Other clients have tried to defend themselves by telling detectives, “I would do anything for that child. I took her to buy clothes, took her out to eat, took her to movies.” Prosecutors may use this as evidence of “grooming” – the term used to describe offender behavior to isolate the victim and coerce the victim into engaging to sexual acts.
Capital Sexual Battery, also known as Sexual Battery on a Child Under 12, is committed when, regardless of consent, a person has oral, anal, or vaginal contact with a child under the age of 12. To be clear, CONSENT IS IRRELEVANT. Further, mistake of fact as to age is not a defense to Sexual Battery on a Child Under 12. Sexual Battery on a Child Under 12 is punishable by life imprisonment without eligibility for parole.
Because of the serious nature of the crime and the willingness of prosecutors to pursue bare allegations of child sexual abuse, it is important for anyone under investigation for sexual battery to retain an attorney at the earliest possible moment and to not make any statements to investigators without the assistance of an attorney.
Attorney Patrick Korody has litigated sex crime cases for more than a decade. He has received specialized training on litigating adult and child sex crimes. He has worked closely with child forensic interviewers, DNA experts, Pediatricians, crime scene experts, Sexual Assault Forensic Nurse Examiners, and other experts in defending his clients accused of sex crimes. He offers a free consultation and can be reached at (904) 383-7261.