Sex Offenses

Innocent! But Presumed Guilty?

Not all allegations are true, well founded or prosecuted in good faith

Prosecutors and police have become more aggressive in their investigation and prosecution of sexual assault cases in recent years. Not surprisingly, we have seen an increased number of false allegations of child sexual abuse cases. Many of these cases have been filed against adults such as teachers, day-care providers, coaches, and volunteers of children programs. However, those most at risk are adults going through a divorce or fighting for visitation or custody.

Fighting these false allegations is difficult because prosecutors and their team of child advocates take a position that assumes the child is not lying. They then put into motion a trial strategy designed to undermine the defendant's denials and build the child’s credibility through their team of expert witnesses.

Although, in most cases a competent criminal defense attorney is sufficient, it is not enough in sexual child abuse cases. The attorney must have the expertise and knowledge to successfully battle the emotionally, impliedly slanderous and embarrassing accusation. This means that the defense attorney must have mastered cross examination skills that confronts the child without offending the jury, learn and become comfortable with the psychological paradigm and forensic model used by prosecution experts to form their opinions, and be very familiar with the improper, misleading and often suggestive child interview techniques used by police.

Attorney John R. Rodriguez has handled many sexual assault cases and represented clients that were falsely accused of child abuse. All too often these allegations were made during a divorce, fighting visitation, custody or whose immigrant spouse only married him to gain admittance into the country and is now looking for a way out of the marriage.

Although, it is difficult to protect oneself from false allegations of child sexual abuse we have provided a short list of warning signs to look for:

1. Has the marriage been stormy?
2. What are the benefits derived by your ex-wife if she wins sole custody?
3. Does your ex-wife have any reason to think she might have trouble proving she is the best parent in family court?
4. Is she suddenly allowing you to see more of your child where as before she battled to keep you away or limit your visits?
5. Has she ever accused or threatened to accuse anyone else or you in the past?

A false accusation of sexual child abuse can be devastating. It compromises (if not) ruins careers, a person’s lifestyle, their dignity and mental wellness. If you have been falsely accused, you must steadfastly maintain your innocence and fight the false allegations with an advocate on your side. The training and experience of John R. Rodriguez can make the difference between being branded a child molester or clearing your good name, preserving your job and keeping your legal rights.