Incest charge dismissed; plea to non-sexual offense keeps client out of prison and off the Sex Offender Registry (2018)

Defense Counsel:

Charges: Incest

State’s Case:

Client was arrested for Incest for having sexual intercourse with his 17-year-old stepdaughter. The victim claimed she had a recording of her and the client having sex. The client admitted to inappropriate conduct with the victim. He was facing up to 30 years in prison.

Judgement:

The client denied having sex with the alleged victim – proof of sexual intercourse is required to obtain a conviction for Incest. Defense attorney Hodges had the client polygraphed on this issue and he passed.

Attorney Hodges also had the client get a psychosexual evaluation, which showed he had no problematic sexual interests and was low risk to commit sexual offenses. Hodges subsequently enrolled the client in counseling regarding sexual boundaries and judgments.

Hodges thoroughly investigated the alleged victim and discovered she had many credibility issues, including evidence of Munchausen Syndrome, and two prior false allegations of sexual abuse against 2 other men. Hodges found that in both prior cases, like the present case, the alleged victim made her outcries to youth ministers at her church. In both prior cases, the DA’s office declined to prosecute. Hodges filed a Motion to Admit Evidence of Prior False Allegations, and planned to call the investigating officers in the former cases, the two former “suspects,” and the alleged victim, to testify at a pre-trial hearing on this issue.

Defense attorney Hodges also filed a Motion to Suppress the recording the alleged victim made of her and the client purportedly having sex. Hodges explained in his motion that, in addition to not being evidence of sexual intercourse, the recording was made illegally and must be suppressed for that reason. Further, Hodges explained that the alleged victim actually should be arrested and prosecuted for making the recording.

Hodges presented all the foregoing to the prosecutor, who agreed to dismiss the Incest change and allow the client to plead to a non-sexual offense. The client was sentenced to 180 days in jail, followed by 5 years on probation. He did not have to go to prison and did not have to register on the Sex Offender Registry.