A child, even one who has fabricated sexual assault charges, must be handled delicately. A child will suffer from false 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 been made 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.
A child witness 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.
Especially in Sexual Assault cases, an experienced attorney is necessary. For more information, please call us at Stradley, Chernof & Alford or visit our website at www.sex-offenses-houstoncriminallaw.com. We don't charge for an initial consultation.
The Houston, Texas criminal defense law firm of Stradley, Chernoff & Alford, represents people who have been accused of a state or federal crime anywhere in Texas, including in communities such as League City, Angleton, Pearland, Alvin, Clear Lake, Sugar Land, The Woodlands, Baytown, Pasadena, Memorial, Spring Branch, River Oaks, West University, and Bellaire.
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