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Tales from the Criminal Courts

Posted by robertperez on February 15, 2012

Child molestation cases are among the most difficult cases to defend against. The current law and order environment is a bad enough starting point for any criminal case, but when you compound this with allegations of sex crimes against children and the lack of any definitive evidence, your client ends up facing a huge uphill battle. It’s the ultimate high-stakes “he said, she said,” with everything on the line. When you consider the implications of the jurisdiction of the Indeterminate Sentencing Review Board (ISRB) on a conviction, you realize that you could easily wind up with what effectively amounts to a “one-strike” case. It doesn’t get much scarier than this.

Police understand this dynamic and often consider their work done once they’ve taken a statement from the alleged victim and handed it over to the prosecutor. In many cases this is all they’ll do and that’s all the evidence there will ever be. There are rarely any witnesses to the alleged events and, because of the long delays often associated with reporting of these alleged acts, it’s unlikely there will be useful medical examination or other physical evidence. It’s the child’s word vs. the defendant’s.

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