Any charge of hurting a child can put the alleged perpetrator in a terrible position. The court of public opinion will always convict before an ounce of evidence has even been seen. While it can be tempting to fall trap to a pity party, the reality is that this is the time to stand up straight and get the help you need. At Chambers Law Firm we are in the business of defending our clients – and we do so with respect. Read on to learn more and then contact us at 714-760-4088 for your free legal consultation.
What is a charge of child molestation?
According to California Penal Code 288, child molestation means touching a person who is younger than 14 with the intent to either arouse the sexual arousal of the person who is touching the child or the child themselves. This is a very broad statute that does not even mention any specific body part. It is obvious that touching the private parts of a child may result in a charge of child molestation, the vagueness of this charge means that even accidentally touching a child’s arm can legally be child molestation if a jury or judge can be convinced that the person who did it had the intention of becoming aroused.
Potential penalties for any crime involving a child
It is common that when a person is charged with child molestation, they are charged with other crimes against children. Generally, these offenses are called “statuary” which means that consent is irrelevant and not a defense. The maximum penalties for child molestation included up to eight years in prison (or ten years if the crime was forceful), up to 16 years if the person in question is a repeat offender, and a lifetime of registering as a sex offender.
False accusations of child molestation are more frequent than many people know
Some people assume that there is no reason a child would like about accusations like these but there are a few things to keep in mind. First, children rarely understand what molestation or sexual touching really is. It can also be the case of one parent trying to pit the child against another parent, or an investigator or social worker putting words in the child’s mouth.
The child may want to please the person asking them questions. The child may want to find the “right” answer. All the while, the person who is falsely accused of the crime can lose their family, career, freedom, and much more. The good news is that there are defense options including:
- Proving the child is lying or mistaken
- Revealing that a third party manipulated the child
- Proving that the contact did not happen
- Proving that the contact was accidental
- Show that someone did molest the child but it was not the defendant
If you have been blamed for this or another crime then we urge you to contact Chambers Law Firm at 714-760-4088 right away. You need a criminal defense attorney who will be on your side and you have found that in us.
