A child, even one who has fabricated sexual assault charges, must be handled delicately. A child will suffer from false child allegations, both from the court system and from later realization of the harm they have caused to a beloved family member or innocent family friend.
There is no reason to attack a child, especially a young child who has only made a child allegation because she was the pawn of a motivated adult. The jury will punish the defense if aggression is shown towards the child witness. Society tends to believe that children are incapable of inventing molestation allegations, although studies show a large proportion of accusations are false, especially among children under the age of 8 years old.
Cross-Examining a Minor
A witness who has made child allegations must be cross-examined thoroughly and effectively. The challenge of the defense attorney is to develop the theory of a false accusation, without attacking the child personally. A lawyer cannot do this without supreme preparation and a wealth of experience. A sexual assault trial is no place for a novice.
In some trials, the motive for the false accusation becomes clear after cross-examination of the child. In others, cross-examination is used to establish divergent family relationships and the motives of adults who have something to gain from a conviction for sexual assault. In any case, the jury must be persuaded that a false accusation is possible and that they are weighing the fate of a potentially innocent man.
A Sexual Assault of a Child trial is no place for the unititated and unexperienced. If you are facing an accusation from a child, it is absolutely imperitive that you hire a lawyer who has been there before and has a record of success in trial. Many lawyers who claim to handle criminal cases have never even tried a child sex crime case. Chernoff Law has a reputation and history for success. Give us a call at 713-222-9141 and let us help you.