Child molestation in California could be prosecuted under different Penal Code Sections: 261(a) PC, 261 PC, 288(a) PC, 288 PC, 261, 288, Forcible rape, 273a(a), 273a, 288(b)(1), 288.8, 289
Defenses to Child Molestation
Numerous defenses are available to a Child Molestation, a minor's abuse, or Child Sexual Abuse charges. An experienced Los Angeles Criminal Defense Lawyer must carefully examine the case to find out what particular defense must be alleged and argued.
"Lack of intent or Accidental Innocent Contact"
One common defense to Child Molestation is "lack of intent". Here, defendant claims that he either did not touch an intimate part of the child or if he did it was accidental or necessary, and not for sexual pleasure. An experienced investigator may play a big role in examining the totality of the circumstances of the alleged sexual misconduct.
Defense of a child molestation case is very case specific and directly related to how the defendant has lived his life and his interaction with children overall. Since jurors are never sympathetic to the defendant in child molestation cases, it is essential that the defense attorney defend these cases with particular caution without attempting to discredit the child. The defense attoney must also utilize the services of numerous experts such as psychiatrists or physicians in demonstrating the unlikelihood that the defendant committed the alleged sexual assault. The use of character witnesses is also helpful in personalizing the defendant in the eyes of the jurors. For a free consultation, CALL 866-533-3363
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