Child molestation is generic term that refers to any sexual act performed on a minor. Most states have subcategorized such acts into specific charges depending upon the nature of the acts, e.g., fellatio, penetration, sexual contact, and the age of the minor. Although there are some offenses that carry less severe penalties, all such offenses are considered particularly heinous, and therefore carry penalties that are seemingly disproportionate to the penalties of other serious crimes, such as homicide.
In today's society, once an individual has been accused of child molestation, he or she is automatically assumed to by guilty be a preponderance of people. The burden of proof falls upon the accused, and the evidence often boils down to the statements of the alleged victim and the statements of the defendant. Because of the often-biased views of people regarding allegations of sex crimes against children, combined with the typically limited evidence available, it absolutely essential for an individual to hire an experienced child molestation defense attorney from the very onset of the allegations.
Unique Difficulties with Child Molestation Cases
When individuals are charged with sex crimes against a minor, they will face unique difficulties in proving their innocence. Such charges are pursued relentlessly by law enforcement and prosecutors, who often are biased, and do not care to conduct a thorough and objective assessment of the case. Instead of forming an opinion based upon the facts, they form facts based upon their opinions. In some unfortunate cases, even judges have preconceived opinions, which skews their legal "discretion" to the side of the prosecution.
Most trials are handled by special prosecutors whose prosecutorial scope is limited exclusively to sex crimes. They know all of the "tricks", and are particularly aware of all the special exceptions in the law that were made especially for cases involving allegations of child molestation, e.g., hearsay exceptions, 6th amendment exceptions. The typical rights afforded to even alleged murders are often not applicable to those accused of such crimes. Additionally, most states are now allowing the prosecution to hire "experts" to testify as to the credibility of the alleged victim's statements. These "experts" are nothing but "guns for hire", and can greatly influence a jury unless their credibility is dismantled by a lawyer with vast experience in this area of the law.
Attorney Tom Pavlinic has been practicing criminal law for 40 years, and has handled ONLY sex crimes cases, particularly those involving minors, for the last 20 years. The experience he has gained is invaluable, and can't be acquired in any law school or by reading any book. Whereas most lawyers have tried at most a dozen sex crime cases, Tom has tried over 100. Prosecutors are often stunned by the depth of his knowledge, and the zeal he exhibits when defending his clients. He is always prepared for the "tricks" that prosecutors try to use, and often is able to prevent them from being used in limine (prior to the trial). Tom and his team have established-experts that are nationally recognized in their prospective fields, who are sometimes called upon to nullify the testimony of any experts the prosecutors use.
Call for a Free Consultation, Right Now
If you're facing allegations of child molestation, we hope you now realize by reading this content that hiring an attorney that specializes in this area of the law is essential. Please don't wait any longer – call us 24/7 at 800-993-0632 for a free consultation.