The Lack of Intent Defense in Child Molestation Cases
If you are being charged with child molestation, you face severe consequences that will likely follow you for the rest of your life. However, an experienced sex crimes defense attorney may be able to defend you against these charges.
One of the best possible defenses to child molestation charges is the “lack of intent” defense. Our skilled criminal attorneys may be able to use this defense to help you avoid a conviction for a child molestation crime.
What Does “Lack of Intent” Mean?
There are several crimes that you could be charged with that are considered child molestation, including lewd or lascivious acts with a minor under California Penal Code Section 288 and annoying or molesting a child under California Penal Code Section 647.6. Most child molestation crimes require the prosecution to prove that you had the intent to sexually gratify or arouse yourself or the child when you committed the act in order to convict you.
That is why “lack of intent” is one of the best defenses to child molestation charges. Although you may have actually committed the act, you can’t be convicted of this crime if you did not intend to sexually gratify yourself or the child.
For example, a high school baseball coach who pats a player on the buttocks after making a good play is likely doing so with no intent to arouse himself or the player. In this case, lack of intent would be a valid defense.
How an Attorney Can Apply this Defense
It is the prosecution’s goal to prove beyond a reasonable doubt that you committed the act in order to sexually gratify yourself or the minor. This can be very difficult to prove because it involves your personal state of mind. For this reason, your criminal attorney may be able to raise doubt that you had this intent.
One way to apply the lack of intent defense is to attempt to show that you have no sexual interest in children. If you have no prior instances of sexual misconduct with children and no previous allegations of sex crimes, your lawyer may be able to raise doubt that you would molest a child for sexual gratification.
Another way to raise doubt that you had the intent to arouse yourself or the child involved is by using medical experts. Our attorneys at Wallin & Klarich work with medical experts who have testified on our clients’ behalf. If you are evaluated by a medical expert, that doctor may be able to share with the court that you do not exhibit signs of sexual interest in children. The professional opinion of a medical expert could make a huge difference in your child molestation case.
Contact a Skilled Sex Crimes Attorney Today
If you or a loved one has been charged with child molestation in California, you need to contact an experienced criminal defense attorney immediately. At Wallin & Klarich, our skilled attorneys have been successfully defending clients facing child molestation charges for over 30 years. We will meet with you immediately to review the facts of your case, and plan a defense strategy that will help you get the very best outcome possible.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help 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 be there when you call.
