Zionsville Child Molestation Attorney
Searching for a Zionsville child molestation lawyer can be overwhelming from the moment you hear about the accusation. Child molestation cases are some of the most vigorously prosecuted cases in Indiana due to the involvement of minors and the high emotion they elicit in court. Investigations can move quickly even before charges are filed. Fortunately, you can hire a Zionsville child molestation lawyer to build a strong defense.
About The Criminal Defense Team of Baldwin Perry & Wiley P.C.
At The Criminal Defense Team of Baldwin Perry & Wiley P.C., we proudly represent clients in Zionsville, Boone County, Noblesville. Hamilton County, and our surrounding communities. Many major felony cases are prosecuted in the Boone County Courthouse located at 100 N. Main Street, Lebanon, IN 46052. We dedicate at least two attorneys and one paralegal to each case we accept, leveraging 100+ years of legal experience.
The Criminal Defense Team also has a former prosecutor with experience in major felony & homicide cases. Our insider knowledge helps our attorneys better understand how the state of Indiana prosecutes serious criminal allegations. There are only six Board-Certified* Criminal Trial Specialists in Indiana, and five work with The Criminal Defense Team.
What Is Child Molestation Under Indiana Law?
Child molestation may be charged under various Indiana statutes depending on the circumstances of the case. Indiana Code § 35-42-4-3 details numerous acts that may constitute unlawful sexual conduct with a minor. Depending on the specific accusation, the child’s and the accused’s ages, and whether force or coercion was involved, misdemeanor or felony charges may apply.
Child molestation laws often overlap with other Indiana sex crime laws based on the facts. Indiana Code § 35-42-4-9, sexual misconduct with a minor, covers certain illegal sexual conduct with children that falls under specific age brackets. In some cases, prosecutors will seek to elevate charges if they believe aggravating factors are present.
The legal requirements for child molestation charges do not depend on individual feelings about the events. Courts typically prevent accusatory allegations by requiring proof of specific elements the state must establish.
How Child Molestation Accusations Start
According to the Indiana Center for Prevention of Youth Abuse & Suicide, 1 out of every 4 girls and 1 out of every 6 boys is sexually abused. Additionally, 1 in 5 children are sexually solicited online.
One reason child molestation accusations are challenging is that they often start without any physical evidence. The accusation may come from a child telling a parent, teacher, counselor, or other adult what happened. In some cases, the adult will report the allegation to law enforcement immediately. Other situations involve delayed reporting, where the child tells someone weeks, months, or even years later.
Typically, law enforcement will interview the involved adults, then schedule an interview with the child. This interview becomes critical to the prosecution’s case. If mistakes were made during the interview process and the child was led, or if their story becomes inconsistent, it can seriously undermine the reliability of what the prosecutor later presents in court.
False Allegations and Misunderstandings
It is unfortunate and uncomfortable, but false allegations and misunderstandings do occur. Some reasons could be as simple as the child misunderstanding what happened due to suggestive questioning by an adult. Other possibilities include family disputes, custody battles, or a child repeating what they heard from someone else. In other situations, the alleged details change over time or become more serious as more people report them.
The reason you need a carefully crafted defense is that jurors are emotionally invested in allegations involving children. That emotional reaction can lead jurors to believe a person is guilty before hearing any evidence. A comprehensive defense strategy not only addresses the legal aspects of the case but also humanizes the accused to overcome that initial emotion.
Common Defense Strategies
Child molestation accusations require a detailed investigation and a methodical approach to your defense. Every situation is unique and involves a variety of defenses. Some of the most common defenses include:
- Addressing inconsistencies in accusations and timelines
- Analyzing how forensic interviews were conducted
- Identifying motives to lie, such as existing family conflicts
- Lack of physical evidence or witnesses
- Context of digital evidence and communications
What Must Be Proven in a Child Molestation Case
To prove child molestation, the prosecutor must prove each statutory element beyond a reasonable doubt. While the specific elements vary based on the severity of the charge, the State must prove that you knowingly or intentionally performed sexual conduct with a minor.
Many defenses revolve around a lack of corroboration, inconsistencies in the accusations, faulty timelines, or a lack of reliable evidence. For this reason, child molestation cases should be handled meticulously, not based on assumptions.
Potential Consequences of a Conviction
The penalties associated with child molestation range from lengthy prison sentences to lifelong consequences that impact your daily freedom. However, these consequences extend beyond just prison time. Penalties can also include:
- Sex offender registration
- Probation
- Restrictions on where you can live and work
- Reputational damage
Many people do not realize that being found guilty of a child molestation charge can ruin their professional career options, family relationships, and reputation permanently. Even if you are just arrested or under investigation, you can be subjected to no-contact orders, restraining orders, and immediate family separation. For most people, the investigation alone feels like a punishment regardless of whether the accusation was unsubstantiated.
Hire a Child Molestation Lawyer
Just as you wouldn’t hire any doctor for your medical issues, you wouldn’t hire any lawyer for your legal issues; you would hire a specialist. If you are under investigation or have been charged with child molestation, you should hire a child molestation lawyer immediately.
It’s common for people to make the error of attempting to explain their situation to police officers to clarify misunderstandings. In serious felony cases, anything you say to law enforcement without your Zionsville child molestation attorney present can and will be used against you. Proper defense tactics should be implemented before charges are ever filed, if possible.
Contact The Criminal Defense Team Today
There are only six Board-Certified* Criminal Trial Specialists in the State of Indiana, and five of the six are here at our law firm. This is significant when your freedom is on the line. If you or a loved one has been accused of child molestation, we understand how serious these accusations can be. The Criminal Defense Team can help you in the legal process. Contact us today for more information.
*Andrew Baldwin, Kathie Perry, Maxwell Wiley, Kelly Pyle, and Michael C. Cunningham are Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here.