I recently had a dream where I was accused of Sexual Assault on a Child. It was similar to many of the cases I have worked on the past 23 years. A child made an accusation, and charges arose. Like the real world, there was no physical evidence of a crime, since only a touch is necessary to commit the offense (even over clothing). Proof is not necessary in Denver, Jefferson and Arapahoe County. All you need is a child making the accusation, and you are arrested and charged by criminal complaint. In most cases, you are told to move out of your house and have no further contact with children – even you own. District Attorneys and judges have no mercy. This is a terrifying combination.
Jurors Use the Wrong Standard Unless Properly Educated
The reason this charge is so terrifying, is that many jurors have not thought through these cases. In some instances, their inexperienced criminal defense lawyers have not thought them through. In most instances, it is simply a he said – she said decision for the jury. And what do they often do? They buy the “believe the children” propaganda, which promotes “believe the children.” I have even had prospective jurors on jury panels say that a child would never make up sexual assault allegations. Other jurors ask themselves “where else would a child come up with this adult knowledge if not for an actual sexual assault by the accused.” At that point, the burden can improperly shift to the defendant to prove alternative sources for the sexual knowledge. A good criminal defense lawyer will educate the jury during voir dire that this is not the defendant’s job.
Kids are Exposed to Sex or Pornography at Young Ages
Today, even the youngest of kids are exposed to sexual conduct in explicit form. I have heard of kids as young as five years old watching hard core porn. I recently had a case where a six year old girl watched her mother and her boyfriend have sex. Adults need to wake up and understand that sex is everywhere and kids are watching. If your child has not seen it directly, one of their friends have and they explain the details of what they’ve seen. We are now living the consequences of sexual freedom unrestrained.
The Burden of Proof Should not Shift in Sexual Assault Cases
Charges like Sexual Assault on a Child in Adams and Douglas County are terrifying because the accused can never prove it did not happen. It is not the burden of the defendant to prove anything. However, in our criminal justice system, juries and some judges shift the burden without knowing it. They do this because the nature of the accusations are so gruesome. Who likes to think about a child being victimized in this manner? No one does, and so the jury sometimes wants to make a statement. They want to say that sex and children do not mix. They do this by voting guilty – even when proof is not present.
If you have been charged with Sexual Assault or Sexual Assault on a Child, call one of our experienced criminal defense lawyers today at 303-731-0719. We have a winning record when it comes to sexual assault cases. Never give a statement to the Denver, Aurora or Castle Rock Police. Don’t answer any of their questions. They are not looking for the truth. Instead, come in and meet with us for a free consultation meeting. Together, we can protect your future.