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Minneapolis Lawyer: Child Abuse Defense

I am prepared to represent clients in the Twin Cities, Rochester, St. Cloud, Duluth and other Minnesota communities in cases involving child sexual abuse, molestation, improper touching, rape of a minor and other charges involving criminal sexual conduct with a minor.

Child abuse defense strategies

As a criminal defense lawyer, I have achieved favorable results for clients accused of child abuse, including those accused of sexual molestation. I always perform a thorough investigation and investigate a number of defense strategies. The following factors should be considered:

Was the child coached? One of the first issues I address in a case where my client has been accused of child abuse or sexual molestation is the way in which the child was interviewed. How often was the child questioned about the alleged abuse? Repeated questioning by can implant a suggestion in the child’s mind, or cause a child to try to please an investigator by giving positive answers. Who was present when the child was questioned? If the accusing parent is present, the child may be afraid to deny allegations of inappropriate touching. Is there evidence the child was coached or fed details about molestation, details that ring false?

Is there another explanation for apparent abuse? A second aspect of any child abuse defense is to establish whether there are alternative explanations for behavior that is being used as evidence of child sexual abuse. Anti-social behavior, including violence, obscene language or fecal smearing, can be a call for help from a child sexually abused by a member of the household – or can indicate the child was emotionally or physically abused or raped by another party – a common circumstance when there is drug use in the home, or in cases where multiple adults have access to the child.

Explain the jury’s responsibility. I present the jury with these and other questions, and then explain to members of the jury that it is their responsibility to consider an alternative explanation as “reasonable doubt,” and to declare my client “not guilty” if they cannot eliminate all question regarding my client’s guilt.

Not guilty! Case results:

Case Dismissed. My client, a teacher, was accused of indecent exposure and inappropriate touching of a colleague’s daughter. The case was dismissed immediately before trial, when I demonstrated that the evidence against my client was questionable. The prosecutor again charged my client with sexual abuse of the child. I achieved a second dismissal – my client was cleared of all charges.

Acquitted of all charges. My client returned to Minnesota after a 15-year absence and found himself facing several charges of criminal sexual conduct with a minor. He was accused by his (now adult) children of child sexual abuse, inappropriate touching and encouraging inappropriate behavior on their parts when they were children. I was able to show that the original police investigation was weak and may have inspired false memories on the part of my client’s accusers, and that the passage of time had further weakened the case against my client. The jury acquitted my client of all charges.