If you are accused of child molestation in California, you are probably horrified of the devastating consequences. However, just being accused of a crime does not necessarily mean that you will be convicted, and prosecutors may have a tough time proving that you committed child molestation.
Under California Penal Code section 647.6, child molestation charges can result not only from inappropriately touching a child, but also merely from words or gestures directed at a minor under the age of 18. This means your attorneys may have a valid defense against these allegations.
Motive: The Most Difficult Element of PC 647.6
The most difficult element to prove in a child molestation case is that your conduct was motivated by “an unnatural or abnormal sexual interest in the child.”1 This must be proved beyond a reasonable doubt in order to convict you of child molestation.
To show this, the prosecutor will have to demonstrate the facts of the case that show your conduct was about satisfying your sexual desires, and was not motivated by some other reason.
To that end, the prosecution will want to show your history with either this child or with other children has involved inappropriate sexual conduct. They will use as evidence any interaction that they can find that could be viewed as sexual conduct, attempting to paint a portrait of you through your words or acts that show you have some sort of sexual attraction for this specific child or for children in general.
Another way the prosecutor can try to make this case is by showing you have been accused of child molestation or other sex crimes in the past. In criminal actions involving sexual offenses, California law allows the prosecution to introduce evidence that you have committed these types of crimes in the past to show that sexual interest in children is in your character.2
Defending You Against Child Molestation Charges
Your attorney will attempt to defend you by showing that you do not have a sexual interest in children.
The best way to do this is by having you take a psychological evaluation. Our attorneys work with experienced doctors who will be able to evaluate you. The report from the doctor could go a long way in showing that you do not have an “unnatural or abnormal sexual interest” in children.
In addition, if your attorney can provide a plausible, innocent explanation of the conduct, it will help defeat the prosecution’s theory that your acts or words were motivated by a sexual interest in children. In many cases, innocent persons have been accused of child molestation because the child or an adult witness simply misunderstood the defendant’s words or actions towards the child.
Contact the Sex Crimes Defense Attorneys at Wallin & Klarich for Help
Child molestation cases are often difficult for the prosecution. At Wallin & Klarich, our attorneys know this, and have over 35 years of experience fighting for people like you who have been accused of sex crimes against children. We will use our experience and knowledge to present the facts of your case to the jury and to punch holes in the prosecution’s theory about the motivation behind your actions.
With offices in Orange County, Los Angeles, San Bernardino, Riverside, Ventura, Victorville, West Covina, San Diego and Torrance, there is an experienced Wallin & Klarich child molestation attorney available near you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
1. CALCRIM 1122: Annoying or Molesting a Child (Pen. Code, § 647.6(a)–(c)). href=”#ref1″>↩
2. Cal. Evid. Code § 1108.href=”#ref2″>↩