The Special Nature of Child Sexual Assault
“Our Prisons Are Full of Innocent Persons”
Public hysteria regarding child molestation has changed the rules of the criminal justice system. Child physical and sexual abuse cases must be defended in an entirely different manner than the normal criminal case. In theory the constitutional rights of the defendant are still in place, however in reality those rights do not apply.
The truth is: The accused is presumed to be guilty.
There is merely an appearance of constitutional rights for the accused in a child abuse case. The judge will still inform the jury that it must presume the defendant to be innocent and require the state to prove guilt beyond a reasonable doubt. However in reality, once a false allegation is made, the defendant must both prove himself innocent and that something “did not happen”.
Our criminal justice system states that if the jury has a “reasonable doubt” then it must find the defendant “not guilty”. This theory simply does not apply to child sexual assault cases. The jury must be convinced they are not letting a child molester off and back into the community.
The jury must absolutely believe in the innocence of the defendant.
The state does not have to prove guilt, but simply make the accusation. Once the accusation is made, the defendant must prove innocence beyond a reasonable doubt. Failing that, the jury will not take a chance the defendant may be a child molester, and will convict.
How Did We Come to This?
The media, legislature and the “child saving industry” has created a national child molestation hysteria. Through their well funded efforts, the general public is convinced a child molester lurks behind every tree, waiting for the golden opportunity to snatch a child. In addition, not satisfied with just terrifying the public, these forces have created a perception that child abuse is rampantly occurring behind the closed doors of our neighbors and friends.
Many politicians seek and maintain their positions by running campaigns aimed at the voter’s emotional desire to protect children. An effective way to follow this campaign promise is to enact laws that eliminate basic rights of criminal defendants charged with any form of child abuse.
If you have been falsely accused of child sexual abuse contact the law offices of Stuckle & Associates PLLC immediately. The special nature of this allegation requires experienced defense in this area of the criminal law!