Defending Sexual Abuse Allegations

Why Boilerplate Criminal Defense Will Not Work in These Cases

Most criminal defense attorneys, and excellent ones at that, typically follow a standard set of guidelines when it comes to criminally defending clients. After being retained by the client, the attorney will request discovery from the state. Filing a Motion for Discovery grants them access to everything and anything the state has by way of evidence against their client.

An investigation by the attorney is conducted using private sources, interviewing witnesses, taking statements or other discovery related work in preparation for defending their client. Once the attorney has amassed the discovery, both from the state and their own investigations, some will read it at length, others will not, and depending upon the type of case they are representing, this practice is also common and acceptable.

During the next phase of traditional criminal defense preparation, there is a period of time where the attorney and client must wait for the trial to commence. The basic belief is that the longer the wait the better as witness memories tend to fade, cases grow weak, and new evidence may come to bear in light of a client's innocence. So this is again, a normal practice, and a situation where most criminal defense attorneys take some time just immediately prior to trial and prepare their case.

In the case of sexual abuse allegations however, the period between arrest and trial is one of the most dangerous for the client. Not only is there a potential for information to shift and change as in the traditional model of criminal defense, but there is a higher than normal risk that a child accuser can be coached into either adding or changing their claims, enhancing or supporting their initial allegations and/or lending further credibility to their story. Witnesses can still grow dim in their recollections with increased time between arrest and trial, however their testimony may be more important in proving the innocence of the client than in other types of criminal cases.

The differences between the emotional involvement of prosecutors, witnesses, alleged victims, law enforcement and social services in sexual abuse situations versus other kinds of criminal matters is substantial and definitely cause for concern. This is the main reason that hiring a criminal defense attorney who has significant experience in handling high profile cases and sexual assault matters is important as a defendant in one of these situations.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.