What is Child Molestation?
In California, the penalties for a sexual offense conviction can sometimes be heavier than those for murder, and can include substantial time in prison, as well as lifetime registration as a sex offender. Because this list is so easily accessible, registration there can affect both employment and housing. If you have been accused of this kind of offense, it is important to understand what “child molestation” is under California law, and how the related criminal prosecution process works from start to finish. Richard Chan is an experienced Sacramento criminal defense lawyer, who previously worked for the prosecution and therefore has an exceptional understanding of how child molestation charges are handled from the investigation stage, through arrest, settlement discussions, and trial.
Under California Penal Code section 288, child molestation or, as it is sometimes described, “lewd and lascivious conduct,” has a very broad definition. It means that the prosecution must prove that
you willfully touched a child somewhere on his or her body or else caused him to touch himself, herself or you, and
you did this for sexual purposes
Although cases typically involve accusations that the child was touched or fondled on a sex organ, you can be charged if the touching was done over a child’s clothes and not on a sex organ (such as the stomach or thighs), if the purpose of the touching was sexual.
Whether there was an absence of intent, accidental touching, or third party coaching, the courts or even the prosecution dismiss many child molestation cases. We want to know your side of the story and help you move on with your life. Call our Sacramento office at (916) 446-4400 for a confidential consultation.
What Happens if You Are Accused of Child Molestation?
Somebody contacts the Sheriff’s Office or the police. This is often an adult in a position of authority in relation to the child, such as a parent, relative or teacher. But sometimes a child contacts the police him or herself. Sometimes the child contacts the police many years after the alleged molestation occurred, claiming that he or she didn’t understand the nature of the touch at the time it happened.
The police (and sometimes specially-trained detectives or child psychologists) interview the child to establish his or her version of the story. Typically, the interview is audio or videotaped. It is not uncommon for an interview to use leading questions that propel the child to tell a false version of events. If the molestation allegedly occurred recently, a medical examination of the child and a forensic examination of the child’s clothes and location may be conducted. Some of the evidence the police or sheriff are looking for is microscopic tearing or your DNA. The goal is to provide physical evidence as well as testimony regarding how tears or other physical evidence prove molestation.
Frequently in a child molestation case, the police ask the person who is doing the accusing to make a “pretext call” to you, which they record and guide, in order to secure a confession or implied admission. They may also try to find other minors who will accuse you.
The authorities go on to either bring you in for questioning (often without reading you your Miranda rights) and try to get you to confess or arrest you. If the latter, you must be read your rights, which include your right to an attorney. It is much better to contact an attorney who is experienced in handling child molestation cases than to simply talk to the police in order to get it over with or to convince them that you are innocent and the child is lying. Similarly, you should not submit to a polygraph without consulting an attorney. These tests are voluntary, but the goal is to find subtle inconsistencies or outright lies to build a case against you.
Contact A Sacramento Criminal Defense Lawyer Today
If you have been arrested and charged with a child molestation or a sex crime contact Sacramento criminal defense lawyer at Allaye Chan Law for free consultation today. Whether there was an absence of intent, accidental touching, or third party coaching, the courts or even the prosecution dismiss many child molestation cases. We want to know your side of the story and help you move on with your life. Call our Sacramento criminal defense lawyer at (916) 446-4400 for a confidential consultation.