For many people, being accused of a sex crime—particularly if the alleged victim is a child—is their worst nightmare come true. Sadly, child molestation does occur at an alarming rate. Even more disturbing are situations where an individual is falsely accused of molesting a child. If you have been accused of having sex with a child, or child molestation in San Diego, and you know the kid is lying you should consult with an experience California criminal defense attorney immediately.
No two people react exactly the same way to being accused of a crime. Some people become angry. Others become depressed and still others become defensive. Being accused of child molestation is likely to cause all of these reactions. While having a strong emotional response to an accusation of child molestation is certainly understandable, it is imperative that you do not act on those emotions without discussing the situation with an attorney first.
If you have been accused of having sex with a child and you know the child is lying your initial reaction may be to defend yourself and/or confront the child or the child’s parent. Doing either of these things could negatively impact your defense should the issue result in formal criminal charges down the road.
People have a natural need to defend themselves when accused of a crime. That instinct is even stronger when the accusation is something like child molestation. You must remember though that anything you say to a police officer can be used against you should you end up being formally charged with a crime. Even a seemingly innocent comment such as an admission that you have spent time with the child could be misconstrued and used against you down the road. The golden rule is say nothing until you have spoken to an attorney.
Confronting the child and/or the child’s parent is an equally bad idea. What you may see as an attempt to clear up a misunderstanding could be perceived by the police or prosecutor as a threat or an attempt to coerce the child into changing his or her story.
The investigative stage of a serious crime such as sex with a minor or child molestation is a crucial period of time. What an accused does, or doesn’t do, during this time often makes the difference between a conviction and an acquittal down the road. If you are being accused of having sex with a child and you know the kid is lying consult with an experienced San Diego criminal defense attorney immediately.