SEX OFFENSES INVOLVING CHILDREN
Allegations of child abuse can be the most stressful of criminal accusations. While they share the potential loss of liberty, loss of employment, and financial consequences of other charges, an allegation involving sexual abuse of a child also threatens family relationships, involves significant public outcry, has the life-long consequence of sex offender registration, and imposes more stress on the person accused.
If you have been charged with a sexual offense involving a child you need to understand that anything you say to anyone regarding the offense can be used against you in court. Therefore, it is crucial to immediately stop talking about the accusation with anyone, including your closest family members.
I will begin developing the evidence as quickly as possible. This includes learning as much as possible about the alleged victim starting with their age at the time of the accusation. In addition, their relationship to the accused, family history, mental capacity, medical or psychological history and juvenile history are all important. They all affect the development of the case and defense strategy.
I will discuss with you the many issues involved with an allegation of child sex abuse. Some depend on the age of the alleged victim. The younger the child, the more susceptible they are to suggestion. Older children typically have different motivations in fabricating testimony that do not exist in younger children. The accused’s relationship to the child and the child’s family circumstances can shed light on their motive to fabricate the accusation, the circumstances to which the child has been exposed, knowledge of sexual matters and attitude toward the accused.
Contact me to schedule an appointment so we can begin working immediately to protect your reputation and your freedom.
Common charges involving the sexual abuse of a child include the following:
Continuous Sex Abuse of Young Child or Children which occurs when two or more acts of sexual abuse occur during a period of thirty or more days in duration, whether against one or more victims. The range of punishment is 25 – 99 years or life in prison. Probation is not an option.
Indecency with a Child applies to cases involving children under the ago of seventeen and prohibits touching the anus, breasts, or the genitals and exposing anus or genitals when a child is present with the intent to arouse or gratify sexual desire. If the offense involves exposure, the offense is a third degree felony with a punishment range of 2 – 10 years in prison. If the offense involves contact the offense is a second degree felony with a punishment range of 2 – 20 years in punishment.
Improper Relationship between Educator and Student prohibits an employee of a public or private school from engaging in sexual contact, sexual intercourse, or deviate sexual intercourse with a student at the school where the employee works. This is a second degree felony with a punishment range of 2 – 20 years in prison.
Sexual Assault prohibits causing the penetration of anus or sexual organ of a child, penetration of mouth by sexual organ or contact of child’s sexual organ with mouth, anus or sexual organ of another. A child for this offense is defined as a person less that 17 years of age. The offense is a second degree felony with a punishment range of 2 – 20 years in prison.
Aggravated Sexual Assault prohibits the same conduct as sexual assault but applies when the victim is less that 14 years of age. The offense is a first degree felony with a punishment range of 5 – 99 years in prison or life.
Compelling Prostitution prohibits knowingly causing another by force, threat or fraud to commit prostitution or causes by any means a person younger than 17 years of age to commit prostitution. The offense is a second degree felony which a punishment range of 2 – 20 years in prison.
Sexual Performance by a Child prohibits a person from employing, authorizing, or inducing a child under 18 years of age to engage in sexual conduct or sexual performance. The offense is a third degree felony with a punishment range of 2 – 10 years in prison.