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False Accusations of Sexual Assault – Strategies for the Defense

False Accusations of Sexual Assault - Strategies for the Defense

False Accusations of Sexual Assault – Strategies for the Defense

The Denver, Colorado Law Firm of H. Michael Steinberg Defends Against Charges of Sexual Assault-Colorado Sexual Assault Cases are some of the most complicated of all criminal defense cases.

These cases often involve “fact testimony” from the alleged victim as well as courtroom testimony of so called experts – doctors, psychologists and sexual assault nurse examiners (SANE) nurses. Furthermore scientific evidence – sometimes referred to as forensic evidence often involves the prosecution utilizing – – at state or federal expense – highly trained and extremely experienced analysis that requires a full frontal assault by an experienced criminal defense laswyer as well as defense experts and laywitnesses  that contribute to dismantaling the prosecution’s case in chief.

Leading up to and during any negotiation, hearing or trial, aggressive cross-examinations and research is often able to uncover inconsistencies in the testimony of both ‘expert’ and alleged victim witnesses. A pro-active approach allows for success in all phases of a criminal defense case trial.

The Defense of Colorado Child Sex Assault Cases

Children alleging sexual contact present very difficult issues for the defense of criminal cases. Children are highly impressionable and can sometimes be coached to report events that are not true. They can be made to believe that they are telling the truth when the events they are reporting did not happen.

Studies On False Allegations Of Child Abuse

What immediatley follows is clear evidence that children make false allegations of child abuse. Note the empirical studies that support the factual assertions:

Over the past 20-odd years, there has been an alarming increase in the number of unfounded and false child sexual abuse allegations made within contested divorces, visitation disputes, and custody battles (Blush & Ross, 1987; Gardner, 1998; Tong, 2002).

Although no true count of the number of false allegations that are made each year exists, some estimates have been made and are quite thought-provoking. According to the published reports of Child Maltreatment 2004.

Of the approximate 3 million reports of child abuse in the United States in 2004, 60.7% of the same were unsubstantiated. Of those, approximately 10%, or 300,000 were alleged sexual child abuse reports, suggesting approximately 180,000 of the same were unsubstantiated.

Serious emotional and psychological consequences remain for the impacted non-abused children who are treated as genuine victims of abuse (Hickman & Reynolds, 1994. Summers & Summers, 2006).

Non-abused children who are forced into unnecessary sexual abuse therapy can suffer regressive behaviors such as bedwetting and nightmares; PTSD is also a problem (Hickman & Reynolds, 1994).

Civil and criminal investigations for alleged child sexual assault can be traumatizing to alleged child victims (Hickman & Reynolds, 1994; Summers & Summers, 2006). Such events are not benign or innocuous (Wexler, 1995, 1995; Summers & Summers, 2006).

The problem of unreliable eyewitness evidence from children is largely caused by inadequate education and training among child protection interviewers, including the use of leading interview techniques

Much of the information contained on this page was developed or tracked by the National Center for Child Abuse Defense.

If the decision to go to trial is made – or even if an expert is necessary to shed light on “issues” that may develop after a review of the DA’s case – an extensive network of medical and psychological experts is available to this law firm which is composed of nationally recognized authorities to assist in the process of combating false allegations of child abuse.

These experts – while available  – can be expensive and sometimes out of reach for that reason.  However, their research – and other sources of information  – are available for cross examination of the Government’s experts at trial.

With the assistance of experts a criminal defense lawyer is in a better position to put his or her years of experience to work for the client.

There is also a need to be know and understand the protocols for questioning children and to be able to expose a tainted, leading, or biased questioning process. There is a need to have an understanding of the fallacies surrounding medical or anatomical evidence. Exposing false allegations is an extremely important aspect of a viable defense to any sexual assault charge and requires an aggressive and competent team comprised of the criminal defense lawyer, the investigator and scientific experts.

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False Accusations of Sexual Assault - Strategies for the Defense
Article Name
False Accusations of Sexual Assault - Strategies for the Defense
Description
The Denver, Colorado Law Firm of H. Michael Steinberg Defends Against Charges of Sexual Assault-Colorado Sexual Assault Cases are some of the most complicated of all criminal defense cases. These cases often involve "fact testimony" from the alleged victim as well as courtroom testimony of so called experts - doctors, psychologists and sexual assault nurse examiners (SANE) nurses.
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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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5445 DTC Parkway, Penthouse 4
Greenwood Village, Colorado, 80111
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