Cases involving child sex crimes are different from other kinds of cases, on many levels.
First, the public views child sex crimes as worse than any other offense. The most common child sex crimes include indecency with a child, sexual assault of a child, aggravated sex assault of a child, online solicitation of a child, and child pornography. Many presume that someone charged with a child sex offense is guilty. That effectively puts the burden on the accused to prove thier innocence. This is the opposite of what our justice system requires—that the prosecution prove its case beyond a reasonable doubt.
Second, the public generally believes—and wants to believe—a child’s word when it comes to being sexually assaulted. Many do not think a child would make a false allegation about something as serious as molestation. Adults lie about big things, but kids don’t … or so the thinking goes.
Third, child sex crimes are political hot potatoes for the District Attorney’s Office. In Texas, District Attorneys are elected. They want to appear “tough on crime,” particularly in certain types of cases that are highly politicized. Family violence and DWI are two kinds of politically charged cases. Sex crimes are definitely a third. This means that—unless the case is such a dog that the prosecutor has zero chance of winning—the District Attorney’s Office would much rather take a sex case to trial AND LOSE than dismiss the charges. The political calculus is this: a fight that results in a loss is better than dismissing a case and looking weak, even if the dismissal is justified due to weak evidence.
Finally, as I will discuss in more detail in my next blog, a criminal defense attorney must be uniquely qualified to handle child sex crimes. The way these cases are investigated and tried is different from any other type of case. I have tried almost every type of criminal case—from low-profile misdemeanors to high-profile murders—and I can personally attest to the special challenges of sex crimes cases. Only a small number of lawyers in Texas know how to handle these cases properly. That is why it is imperative that someone accused of a child sex offense hire the best lawyer for the job.
At the Neal Davis Law Firm, we regularly handle child sex offenses. And we have track record of getting results in these cases. We invite you to read our testimonials to see what our clients say about us in these cases.