When we work on cases which involve children under the age of eighteen who are falsely accusing someone of Sexual Assault (C.R.S. 18-3-405), there are a couple factors we must explain to the judge or jury in Denver, Larimer and Jefferson County:

1. The Reason Behind the Accusation
2. Where the Knowledge of Sexual Contact Comes From

The Reasons Why a Child Would Make a False Sexual Assault Accusation

It can be difficult to understand why a child would make a false Sexual Assault accusation. In our experience as criminal defense attorneys, we have found a few reasons children might make up a story which involves sexual contact:

• They are avoiding trouble by shifting the blame elsewhere. This is an ancient tactic which goes all the way back to the Garden of Eden, when Adam shifted the blame from himself to his wife – human nature hasn't changed.
• They are creating drama. This is especially true in our culture which idolizes drama and the “latest news.” Kids often get this love for drama from their own parents.
• They want attention. When a child becomes a “victim,” all the attention is focused on their well-being.
• They want revenge on someone who has hurt them.
• They want to get rid of someone in their life. A step dad or grandfather who doesn't let a child get their way can be an easy target.

Where Do Kids Get the Knowledge of Sexual Encounters?

Often, District Attorneys in Arapahoe, Douglas and Adams County make their case by asking how a child knew about specific sexual acts or encounters if not from an actual encounter. We have over 25 years of experience all over Colorado, from Fort Collins (Larimer County) to Pueblo (Pueblo County) and Wray (Yuma County) to Grand Junction (Mesa County). Judges, juries and District Attorneys all think most children are protected just like theirs are – that all parents lead responsible lives and shield their children from an overly sexualized world. This is simply untrue. We have worked first-hand with children who have observed live sex acts; heard stories of sex from other kids, or have viewed pornographic magazines and videos. Once a child realizes a sexual story gets attention, the trap is set and an innocent man could go to prison.

What Needs to Happen In Colorado

We don't think sex crimes against children should be taken lightly. Instead, our government needs to ask tough questions of children making accusations of sexual contact.  District Attorneys, child advocates and police are afraid to ask the kinds of questions which need to be asked. Innocent men are going to prison after accusations are made. No physical evidence is needed for a conviction – it is one cute kid's word against the new boyfriend's. The child rights crowd doesn't take into account that children lie and make up stories. Instead, they blindly lobby against men and believe all men are evil. It is time to reevaluate.

Request a Free Consultation

If you or a loved one has been accused of a sex crime involving a child in Boulder, Weld or Morgan County, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your future.

Image Courtesy of arztsamui / FreeDigitalPhotos.net