Defending Child Sexual Abuse Charges

In a criminal case alleging child sexual contact, the public sentiment is pretty much guaranteed to be against the defendant. These kinds of cases are intrinsically difficult to deal with. For the defendant, the utter terror associated with the trial is understandable. Life will never be the same—irrespective of the verdict. Being accused of child sexual abuse or exploitation—whether it’s viewing or filming pornography, or actual assault, mutilation, or incest—will have serious consequences delivered by both legal penalty and societal norms.

The Challenges of These Cases 

The cases themselves contain repulsive details, and elicit a strong response from the public, who can’t imagine how stories of such abuse could possibly be fabricated. In fact, nearly 500 children in Florida experienced sexual violence in 2024 alone. Most of the time these cases are based primarily on what a child reports, and, because a huge portion of these cases are reported long after the alleged abuse occurred, they frequently have literally no forensic evidence whatsoever to imply guilt or innocence. Moreover, there is rarely any eyewitness testimony to support claims of criminal activity. Even so, defending someone facing these charges is extremely difficult due to the nature of the charges and society’s rightful obligation to protect innocent children. The defense is left to address three central points:

1. Are Claims Plausible? After reconstructing the timeline of events down to the last detail and attempting to find independently verifiable facts to support a verdict of “not guilty”, the defense must attempt to provide reasonable doubt as to the likelihood that the events could have occurred as reported. They will look for records to show that the defendant was in a different location when the alleged crime occurred or other evidence to support their client. Phone records, receipts, credit card statements, and events around the time of the accusations should be examined to see if they can demonstrate innocence.
2. Is the Witness Credible? The defense must pursue any inconsistencies in the child’s statement. They will inevitably speak with everyone possible to get a picture of the child’s personality. Friends, neighbors, teachers, and fellow congregants, for example, may be able to reveal what a child’s life was like at the time of the alleged crime. They may provide a window into the child’s home life, including details related to conflict, the need for attention, and so forth. There will be an investigation into the possibility of there being incidents involving the child being dishonest about serious matters. Did the child have counseling in advance of the criminal accusation? After the allegations? What, if anything, does social media reveal? Does the child discuss the accusations? Is there a tendency to seek attention or exaggerate? All of these issues will be examined.
3. Did Something Occur that was Not a Criminal Act? Although a child may honestly and credibly believe that something inappropriate occurred involving the defendant, is it possible that the child’s view was contaminated by a parent who has leaned into the theory that the defendant has committed a crime? While the report itself may be truthful, is there a possibility that it has been misinterpreted, exaggerated, or otherwise shaded by the impulses of an adult who was not present for the event in question? A nasty divorce, for example, could feasibly be a factor in such accusations.

Protecting Your Rights 

The experienced Miami criminal defense attorneys at The Law Office of Julia Kefalinos believe that every defendant is entitled to a vigorous defense, regardless of the charges. To discuss your situation, schedule a confidential consultation in our Miami office today.

Source:

flhealthcharts.gov/ChartsReports/rdPage.aspx?rdReport=NonVitalIndNoGrp.Dataviewer&cid=0561