Studies have shown that out of every five reports of sexual abuse or assault, one is false. If this is true, many sexual assault cases where a child is the main accuser in Denver, Jefferson, or Arapahoe County may be fabricated. We believe the number of false reports to be higher. In cases involving custody battles or bitterness against a parent or step-parent, this is especially true. Children do not fully understand what it means when they say that a family member touched inappropriately or imply other accusations of sexual misconduct. They only see the reaction adults have to these accusations and how quickly they become the center of attention.
Authorities believe that just because a child has recanted a statement or accusation of Sexual Assault on a Child (CRS 18-3-405), Unlawful Sexual Contact (CRS 18-3-404), or Sexual Exploitation of a Child (CRS 18-6-403) does not mean that it is false. If a child later says that they lied or made up the story of sexual assault or abuse in Adams, Larimer, or Weld County, social workers may feel that the child should be placed in a mental health institution. This idea further terrifies children who are already confused at the legal mess they have created.
Police and District Attorneys also feel that if a child says that they made up their story of sexual abuse, that they are only doing so under pressure of family members to keep the family together or release a loved one from jail. If a child wants to take back their story, district attorneys may see this as further proof that the story was indeed true and that the child is still being victimized by their abuser or the accused's family.
The experienced criminal defense attorneys at the O'Malley Law Office know that there are no easy sexual assault cases. When kids are involved, police officers quickly intervene with extreme measures. Kids are removed from homes and families are ripped apart because of accusations, even without proof. If you are facing accusations of sexual assault in a child (CRS 18-3-405), be smart, exercise your right to remain silent, and contact the experienced sex crime defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.