Facing a charge of child molestation is an incredibly serious and stressful experience. The stigma and potential consequences can be overwhelming, but it’s crucial to remember that being accused does not equate to guilt. You have rights, and with the right legal support, you can defend yourself against these charges.
At Simmons Wagner, LLP, we are committed to providing respectful and effective defense for our clients. Read on to learn more about what you’re up against and how we can help. Contact us at (949) 439-5857 for your free legal consultation.
Understanding Child Molestation Charges
Child molestation, as defined by California Penal Code 288, involves touching a person under 14 years old with the intent to arouse either the child or the person doing the touching. This statute is intentionally broad and does not specify particular body parts, which means that even an accidental touch could potentially be construed as molestation if it can be argued that there was an intent to arouse. This broad definition makes it all the more critical to understand the nuances of your charge and mount a robust defense.
Potential Penalties for Child Molestation
The penalties for child molestation are severe and can include:
- Up to eight years in prison (or ten years if the act was forceful)
- Up to 16 years for repeat offenders
- Mandatory lifetime registration as a sex offender
Additionally, individuals charged with child molestation are often also accused of other related crimes, further compounding the potential penalties. Understanding the full scope of what you’re facing is the first step in preparing your defense.
The Prevalence of False Accusations
Despite the seriousness of the charges, false accusations of child molestation are more common than many people realize. Several factors can lead to false allegations:
- Children often lack a clear understanding of sexual touching and molestation.
- One parent may try to manipulate the child against the other parent in custody disputes.
- Investigators or social workers may inadvertently or intentionally influence the child’s statements.
- Children may seek to please the adults questioning them and give answers they believe are expected.
False accusations can devastate the accused, potentially leading to the loss of family, career, and freedom. However, with a skilled defense attorney, it is possible to challenge these accusations effectively.
Defense Strategies Against Child Molestation Charges
Several defense strategies can be employed to contest charges of child molestation:
Proving the Child is Lying or Mistaken
One of the most effective defenses can involve demonstrating that the child is either lying or mistaken about the events in question. This might involve highlighting inconsistencies in the child’s story or showing that the child has been coached.
Revealing Third-Party Manipulation
If a third party, such as a parent or caregiver, has manipulated the child into making false accusations, this can be a powerful defense. Evidence of such manipulation can significantly undermine the prosecution’s case.
Disproving the Occurrence of the Contact
In some cases, it may be possible to prove that the alleged contact never occurred. This might involve presenting alibi evidence or other proof that contradicts the accusations.
Demonstrating Accidental Contact
Given the broad definition of child molestation under California law, accidental contact can sometimes be misconstrued as intentional. Showing that any contact was accidental and lacked intent to arouse can be a valid defense.
Identifying the True Perpetrator
In some instances, the child may have been molested, but by someone other than the accused. Providing evidence that another person was responsible can exonerate the accused.
Taking Action to Protect Your Future
If you have been accused of child molestation, it is essential to act quickly and seek experienced legal representation. At Simmons Wagner, LLP, we understand the gravity of these charges and are dedicated to defending your rights. Contact us at (949) 439-5857 for a free consultation and let us help you navigate this challenging time.