Child Sex Abuse Defenses

Child Sex Abuse Defenses

You have to hand it to attorneys in Daly City, they really can divorce their personal feelings and prejudices from their professional and civic obligations even with such harrowing and painful issues such as child sex abuse cases.

The wilful harming of a child on any level is an abomination and an affront to the law, natural, moral, and divine and as such, thankfully, a person found guilty of such an offence will face a very severe penalty indeed. However, before we all ride high on our tall white horse, it is important to be aware that we have all the facts.

When you work with children in a professional setting, it is essential that you maintain a professional distance so as to protect yourself from potential allegations or upset. Even the most innocent of actions or comments can be totally misconstrued either by the child, or their guardians which can then land you in a whole load of trouble.

Irrespective of what attorneys you decide to rely upon, or what lawyers you hire, the defences that will be raised in regards to a charge of child sex abuse will invariably be the same.

That the gestures/actions in dispute were either innocent and or bereft of any sordidness, or that they were necessary. A child that is complaining of itching in their genitalia may need that part of their body to be examined by a health professional. A child who has fallen and needs assistance to get back up again, maybe needed to be lifted up by the arms.

That the child suffers from a mental disorder which makes them more vulnerable to lying, misconstrue or otherwise misinterpret the actions of others.

That the child is accusing the accused person, as a smokescreen for abuse inflicted by someone else (such as a family member).

That the child is attempting to punish the accused for some reason. Therefore, if a teacher faced allegations of sexually abusing a student when the student has repeatedly failed the same class despite the teacher’s best efforts to improve their work, then this maybe worth a mention to the jury.

If you are the victim of child sex abuse, or are the parent of a child who is/has been the victim of child sex abuse, and are considering the usage of legal action to cover monetary damages then it is vital that you execute the necessary due diligence.

In the first instance, you want to rely upon attorneys and lawyers who are ethical, professional, committed to their job and who have a spotless track record. The best way to get a good idea as is to check with the State Bar, and verify whether the attorney in question has ever been reprimanded or disciplined by the State Bar. If so, then it is strongly recommended that you approach them with caution.

Ask them for their case record, i.e. how much money were they able to secure for their clients and did the case get rejected on appeal.