According to society, child molestation is one of the most heinous crimes that can be committed. Even if you have not committed the crime you are accused of, the stigma that comes with an accusation of this magnitude can tarnish your reputation. If you are convicted of child molestation, not only will you serve a prison sentence, but you will be forced to register as a sexual offender and follow a strict set of rules as to where you can and cannot live.
At John Lyke Law, we are prepared to defend you against these terrible accusations. We are here to protect your image and defend your justice. If our experience with these types of cases has taught us anything, its that many times, accusations of child molestation are mistakes. Our team of experts believes that you are innocent until proven guilty. We will work tirelessly to clear your name of child molestation charges.
What is Child Molestation?
Child molestation is defined as a sex crime that is committed on a child under the age of 15. The acts that are considered child molestation are inappropriate physical contact (sexual stimulation) between an adult and a child. Inappropriate physical contact includes penetration and non-penetrating contact. The definition extends to exposing a minor to pornography.
Being accused of child molestation is not something that should be taken lightly. The penalties for a crime of this magnitude can put a potential perpetrator behind bars for years. The sooner you seek legal counsel, the better off you are. If you have been accused of child molestation, enlist John Lyke Law to represent you.
Types of Child Molestation
Sexual Exploitation of a Minor
Sexual exploitation of a minor is when someone knowingly produces, possesses or possesses with intent to distribute child pornography. If the defendant is a minor and their parent or legal guardian knowingly allow the minor to be sexually exploited. In the case of sexual exploitation, an action does not have to be taken, but the intent to take the action is in itself a crime. In other words, even if you are unsuccessful in convincing a child to commit sexual acts, the attempt to convince is grounds for arrest.
Other crimes that are considered under sexual exploitation are kidnapping a child for sexual purposes and sexual trafficking. Sexual trafficking is when a child is dealt for the purposes of prostitution or other sexual abuse.
Sexual Conduct With a Minor
Engaging in sexual activity with a with any person younger than the age of 18 is a crime. If the person is under 14 years of age or younger, the penalty for the same crime worsens. If there is sexual intention when touching the breast of a female 15 years or younger, it is considered a child molestation.
The offense of child pornography includes photographing sexual acts involving children, filming, recording, and distributing.
Legal Defenses for Child Molestation
After you are accused of child abuse, it can be difficult to shape your image in a positive light. The media and society as a whole look at child molestation as one of the most disturbing crimes a person can commit. Even if you are wrongfully accused it can be hard to prove to those outside of the courtroom.
An experienced child molestation defense attorney will create a sound defense strategy that will bring doubt into the jury’s mind. A person charged with child abuse is entitled to the same rights as any other individual that is accused of a crime. We will see to it that you receive a fair trial.
More often then you think, child molestation or abuse charges are completely fabricated. This is often the case when homes are dysfunctional. For example, if a child’s mother brings a new man into the home and the child does not like him, he might accuse him of inappropriate physical contact not realizing the ramifications of the accusation. Although this is one of the most used defense strategies, it is difficult to prove. The defense lawyer must gather enough evidence to create doubt in the jury’s mind and prove that the accusations are false.
A second scenario when this defense is applicable is when a person is accused of molestation instead of confessing to participating in sexual activity with a peer. In this case, our experts will gather all of the evidence they can, including forensic, psychological, and medical evidence.
Unaware of Age
Another common defense implemented in these child molestation cases is that the defendant was unaware of the individual’s age. This is a common misconception and is best used applied when the minor looks years older than he/she really is. Also, the minor might have been in at a venue where it is assumed everyone is of age, like a bar.
No Physical Contact
This defense is applied in a situation where, obviously, no physical contact. The defense will state that the younger individual mistook friendly gestures as flirtatious gestures. The defense will proceed by stating that if there was no physical contact, there was no sexual intention by the alleged molester.
The procedural mishaps defense strategy will check out if law enforcement violated constitutional rights when arresting the accused. For example, if the accused was not read his/her Miranda rights upon arrest, the case can be thrown out. Our team will investigate the sequence of events beginning with the arrest in an attempt to identify any procedural mistakes committed by law enforcement. If possible, we will try to create reasonable doubt in order to have certain pieces of evidence thrown out.
Contact a Child Molestation Defense Attorney
If you have been accused of allegedly molesting a minor, you are going to need a defense attorney sooner, rather than later. That is where John Lyke Law comes in. Our team is experienced in handling crimes of his matter. We will formulate a custom defense strategy that best fits your specific case. It is our duty to fight for your justice and represent you in the best light.