Virginia Child Sexual Abuse Lawyer

The specific charge in a sex abuse of a child case depends on the age of the alleged victim and the nature of the alleged touching. The following Virginia offenses involve conduct with a child under the age of 13 years old:

• Rape (Virginia Code § 18.2-61). This offense involves sexual intercourse of a minor.
• Sodomy (Virginia Code § 18.2-67.1). This offense involves cunnilingus, fellatio, anilingus, or anal intercourse.
• Object Sexual Penetration (Virginia Code § 18.2-67.2). This statute involves penetrative conduct with an object.
• Aggravated Sexual Battery (Virginia Code § 18.2-67.3). This statute involves only touching.

The penalties for the first three offenses (Rape, Sodomy, and Object Penetration) require a mandatory minimum of life imprisonment. Aggravated Sexual Battery carries a maximum penalty of 20 years but has no minimum sentence. It should be noted that in cases where the defendant is over 18 and the minor is under 13, consent is irrelevant and not a defense. If you are facing charges or penalties related to sexual offenses, consulting with a Sex Offender Registry Removal Lawyer can help you understand your rights and explore potential legal avenues for challenging or seeking removal from the registry, depending on your circumstances.

For alleged victims at least 13 years old but less than 15 years old, the following offenses may apply:

• Carnal Knowledge of a Minor (Virginia Code § 18.2-63) prohibits much of the same conduct mentioned above. This offense carries a maximum penalty of 10 years in prison and has no mandatory minimum.
• Sexual Abuse of Child under 15 (Virginia Code § 2-67.4:2). This offense involves an act of sexual abuse with lascivious intent. Sexual abuse under this statute typically involves the touching of the genitals of the minor or causing the minor to touch the accused’s genitals.

Most criminal defense lawyers simply try to poke holes in the State’s case (e.g., pointing out inconsistent statements made by the alleged victim). This strategy often fails to get a dismissal prior to trial or to win a “not-guilty” verdict at trial. The strongest defense possible requires attacking the Commonwealth’s evidence and introducing your own evidence showing actual innocence. Understanding the child pornography sentencing guidelines is also crucial, as the penalties for these crimes can be severe. Our legal team crafts a superior defense by: 1) independently investigating the allegations; 2) filing aggressive pre-trial motions; 3) hiring expert witnesses; and 4) preparing early on for trial.

Step 1: Independent Investigation

To understand how to defend child molestation cases, it is important to first understand how the prosecution builds it case. Anytime there is an allegation of child sexual abuse, law enforcement will try to gather as much evidence as it can to corroborate the child’s allegation with other evidence and make the defendant appear to be the type of person capable of committing such an offense. The Commonwealth will gather this evidence by obtaining search warrants to rifle through a defendant’s home and electronic devices; recording statements made by the defendant; having the child undergo a forensic interview; and interviewing witnesses about the allegations.

The Commonwealth’s investigation, however, will only show one side of the story. It will very rarely explore alternative explanations. The job of an independent investigator is to find leads and evidence that the Commonwealth won’t consider. This means conducting witness interviews, finding motivations to lie, preserving social media postings, obtaining prior police reports, taking photographs, and sifting through old text messages and emails. Protecting privacy and reputation during these sensitive investigations is crucial. By conducting our own exhaustive investigation, we can challenge the Commonwealth’s case, uncover the truth, and build a strong defense to prove our client’s innocence.

Step 2: Filing Pre-Trial Motions

Pre-trial motions can serve two functions: a) getting the case dismissed outright and b) chipping away at the strength of the Commonwealth’s evidence. These motions typically seek to exclude evidence that the State will try to use at trial either because of illegally obtained evidence or because the rules of evidence disallow such evidence.

• Motion to Suppress Evidence. The Commonwealth will often obtain a search warrant to search a defendant’s residence or electronics (e.g., computers and cell phones). These searches can produce damaging images, text messages, emails, or sex objects. Based on this evidence, the Commonwealth will suggest to the jury that the defendant is a deviant person capable of harming a child. If the evidence was unlawfully obtained, a good Virginia criminal defense lawyer will file a motion to suppress evidence to exclude such evidence from the
• Motion to Suppress Statements. Law enforcement will often attempt to interview a defendant about the allegations. During the interview, law enforcement will usually try to get a defendant to confess to the allegations or to admit to certain portions of the alleged victim’s story. If law enforcement obtained the statements illegally (i.e., in violation of Miranda or involuntarily), a defense lawyer can file a motion to suppress the statements and ask that a judge exclude the defendant’s statement from trial.
• Motion to Exclude prior “bad acts.” The Commonwealth is going to do everything it can to paint the defendant as a bad person and this includes trying to introduce evidence of alleged improper sexual conduct in a defendant’s past. This includes not only convictions but anytime the defendant was accused of improper conduct. A good criminal defense lawyer will file motions to challenge this evidence to exclude it from trial.
• Motions to Exclude Prejudicial Evidence. There are times that the Commonwealth will seek to introduce evidence that is highly prejudicial but has only slight relevance. This may include sexual paraphernalia that was seized at a defendant’s home, a prior conviction, or some other piece of evidence that doesn’t directly concern the alleged victim’s allegations against the defendant. A good criminal defense lawyer will attack these pieces of evidence by filing a motion to exclude.
• Other Pre-Trial Motions. There are a host of other motions that a good criminal defense lawyer may file depending on the facts in a particular case.

Step 3: Hiring Expert Witnesses

Expert witnesses play a crucial role in just about every child sexual abuse case. In most cases, the strongest evidence for the Commonwealth is a video recording from the child’s forensic interview. Prior to arresting an individual, law enforcement will almost always record an interview between the child and a forensic interviewer. During this interview, the interviewer will ask the child what happened. Later, at trial, the interviewer will likely testify that the child’s statements and demeanor were consistent with a child that has been sexually abused. In doing so, the interviewer is essentially telling the jury that the child is being truthful. In cases involving defenses to child pornography charges, it is critical to challenge the evidence, including forensic analysis, expert testimony, and the context in which the materials were allegedly found. A skilled attorney can build a defense strategy that protects your rights and challenges the validity of the evidence presented.

These interviews are often improperly conducted. The forensic interviewer may lead the child, fail to explore alternatives, or ask inappropriate questions. The defense should therefore hire an independent expert witness to critique the forensic interviewer and to explain why the interview could have provided inaccurate results. When combined with other evidence showing a motivation or reason to lie, the defense can greatly increase its chances of walking away with a dismissal or not guilty verdict.

Step 4: Pre-Trial Preparation

Trial preparation involves attacking the Commonwealth’s case through cross-examination and introducing evidence to undercut testimony from the Commonwealth’s witnesses. It also involves assembling defense witnesses and pieces of evidence to support the defense’s theory. To win at trial in child sex abuse cases, you have to be able to provide the jury with a reasonable alternative to the child’s allegations. With our experience in Virginia, we understand the complexities of defending such cases and are committed to providing a strong defense to protect your rights and reputation. When conducting trial preparation, a good criminal defense lawyer will consider the following:

• A motive to lie. A motivation to fabricate is often the key piece of evidence in the defense’s arsenal. These cases often involve divorces, child custody issues, ill-behaved stepchildren, money issues, or similar issues which may produce a false allegation. By sifting through social media accounts, interviewing witnesses who know the alleged victim’s family, and reviewing old text messages or emails, you can begin to fully develop this area and definitively show a reason to lie.
• Inconsistent statements. The Commonwealth’s evidence will often contain inconsistent statements by the child or the outcry witness. By showing the child’s story changed over time, the defense can call into question the child’s credibility and show that the allegations are simply not true.
• School and counseling records. The child’s school and counseling records can contain evidence that the allegations are untrue. These records can contain inconsistent statements or recantations, behavioral problems, family disputes, and other issues which may be otherwise unknown.
• Attacking the child’s credibility. In addition to critiquing the forensic interview, the defense’s expert should be able to address whether the child statements are consistent with the average child of the same age. If the words and phrases used by the child are not typically used by children of the same age, the child may have been coached by an adult to say certain things. If the child should be able to provide contextual or sensory details but fails to do, or if the child uses improper contextual details, this may also be evidence the child is fabricating the allegations.
• Expert testimony attacking DNA or medical evidence. In most child molestation cases, there is no medical evidence or DNA evidence linking the defendant to the alleged crime. When there is such evidence, however, it is important that the defense be able to respond and attack such evidence.
• Character witnesses. It is important fight the Commonwealth’s argument that the defendant is sexually interested in minors. By presenting evidence from people who knew the defendant, the defense can rebut this allegation. Such witnesses should be current and ex-significant others, family members, friends, neighbors, and co-workers.
• Negative character witnesses. The defense may also want to use negative character witnesses. Such a witnesses can testify that the child has a reputation for lying.
• Prior false allegations. A good defense lawyer will try to find prior false allegations made by the child.

If you or someone you know is facing child sexual abuse charges in Virginia, you should contact a criminal defense lawyer experienced in handling sex crimes cases. Our law firm has offices in Alexandria and Charlottesville, and we represent clients accused of sex crimes across Virginia.

You can call us at 855-959-4003 or send us a confidential email below for a free consultation.

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