Do we kill justice in the name of protecting our children? (Part Two)

salem_witch_museum.jpgThe convict-at-all-costs mentality that surrounds these cases is why many defense lawyers will tell you that aggravated sexual assault of a child trials have become the Salem Witch trials of modern times. One on trial in Texas for aggravated sexual assault of a child might as well be on trial in 17th century Salem, Massachusetts for the charge of consorting with Satan. One’s friends, neighbors and even family often come in and bear false witness against the accused for whatever motive or because they believe the child, and when the accused speaks in his defense, well we would expect someone consorting with Satan to deny that they were consorting with Satan.

The State will argue that we should expect no hard evidence or eyewitnesses because we would expect such perpetrators to do their deeds in secret with nobody around, because nobody consorting with Satan would allow there to be any witnesses to their crime lest they reveal themselves as evil doers. So we shouldn’t expect any evidence in such cases except the testimony of young children, and we all know that children do not lie (even when a parent prompts them to do so) (in fact, research indicates that a supermajority of children under 6 will repeat to another that uncle Bob put something yucky in their mouth when prompted by a parent). Such are the difficulties of such cases, making some forget that American justice has always placed the burden on the government of providing legitimate evidence to prove beyond any reasonable doubt that a person committed a crime to a fair and impartial jury.

So, when faced with the heinous accusation of aggravated sexual assault of a child, particularly in Texas where politics and religion can intermix with career law enforcement/child welfare workers who commit perjury to protect their jobs, a plea-bargain offer for paroleable time or probation may appear an attractive option to some, even when innocent. But a plea to such a crime or lesser included offense is never really an attractive option. So, if you or your family member faces such a false accusation, you need an attorney highly experienced criminal law specialist and with a winning record in such cases.

False allegations happen all the time but there are only a few attorneys in any jurisdiction who have the background and backbone to stand up to the deck stacked against you, and sort through the complicated mess that is the likely subpar police investigation intermixed with complex family dynamics motivating such a lie. I am one of these attorneys so please feel free to call at 903-744-4252 for a free consultation.