9 counts of 12-count indictment dismissed for client accused of sexually abusing 4 children; plea to 3 counts of Sexual Battery Against a Minor keeps client out of prison and avoids risk of Life sentence (2019).

Defense Counsel:

Charges: Aggravated Sexual Battery, Attempt to Commit Aggravated Child Molestation, Child Molestation, and Sexual Battery Against a Minor

State’s Case:

The Client was indicted for 12 counts of sexual offenses against 4 children. He faced up to Life in prison and a lifetime on the Sex Offender Registry.

Judgement:

Defense Counsel obtained extensive background information about the Client, his family, and the Alleged Victims. Everything showed that the Client had impeccable character and was well loved and respected in the community. He passed a psychosexual evaluation and a polygraph test. The Alleged Victims had issues that called their credibility into question. One of the children had a long history of abuse by her biological parents, serious mental health problems, and a history of lying, bullying, making false allegations, and making herself a victim. Defense Counsel was able to show that this troubled child falsely accused the Client in order to get attention; and that she influenced, and maybe even bullied, the other Alleged Victims into joining in the allegations. It also appeared that the children were influenced by the way their parents and others improperly questioned them about the allegations. Finally, it was clear that the children’s conduct and behavior around the Client was inconsistent with their allegations – the evidence showed they all loved him, loved being around him, and were not uncomfortable or afraid of him at all, even after the alleged abuse was supposed to have occurred.

Defense Counsel consulted with a psychological expert, who said he could testify at trial about the evidence he saw that the children were improperly influenced; that such influence can lead children to falsely accuse; that you expect victims of sexual abuse to act in certain ways; and that the conduct and behavior of the children in this case were inconsistent with that.

After 2½ years of work, Defense Counsel presented all the foregoing to the Prosecutor, who ultimately agreed to: dismiss the 9 most serious counts of the indictment; plead to the 3 least serious charges; no prison; 12 months house arrest, followed by probation. The Client will be eligible for removal from the Sex Offender Registry when he completes his sentence.