It is really hard to get a fair trial and a just verdict if you have been involved in an offense where you are alleged to have had sex with a minor. I have tried quite a few of these in the last few years. Public opinion has been shaped by television shows like “Special Victims Unit”. In the cases I have tried recently, in the jury selection process, almost half of the potential jurors have been excused for “cause” because of bias or prejudice or personal experience being a victim themselves. It is shocking to find out how many potential victims were molested themselves as children. In almost all of the cases it was by a family member. Getting a favorable verdict also depends a lot on the age of the alleged victim. Many teenage girls accuse men of sexual abuse. It is common for stepdaughter or daughters of a man’s girlfriend to make a false accusation. One way to get a man out of their mother’s life is to falsely accuse him of an improper touching or groping, or in some instances, sexual intercourse.
The judges, in my opinion, in a lot of cases are really biased. Most of the judges in the criminal courts are former prosecutors who, as prosecutors, tried child sex cases. It is a stacked deck if you are dealing with a judge who was a sex crime prosecutor and his or her past experience has made them prejudiced against anyone charged with a sex offense involving a child. Some judges can put their past experiences behind them, and some cannot. The judge can make a huge difference in the outcome of a case. They can let into “evidence” what they call “child hearsay”. That means that if the child told the mother, a relative, or someone else about the alleged molestation, what they said to someone else about their experience, can come into evidence. This allows the prosecutor to get the evidence in through the words of an adult and not just the child. It gives the evidence greater credibility.
Jurors may also be extremely prejudiced and simply not disclose it during the jury selection process. You can end up with a juror on the jury that was molested as a child and has simply hid it from the Court. Many times, you have no option but to try the case. Sex with a child under twelve carries mandatory life without parole. You can end up with the same sentence you would get for murder. It is actually easier to try a murder case than a child sex abuse case.
I handle a lot of sex crime cases. The same is true in child pornography cases. Once the jury learns of the content of a kiddie porn video, they are impacted greatly. Jurors simply cannot understand why anyone would want to see a six year old being molested. Sex crime defense involving children is always an uphill battle but it is a battle that simply has to be fought.
Some lawyers are judgmental and simply refuse to take these cases. I have learned that there are almost always, two sides to any story. Everyone deserves their day in court. Everyone deserves a vigorous defense and to have their rights protected. If you or a loved one has been accused of a sex offense and want to talk…Call 941 366 3506