What are the Possible Defenses Against Child Molestation Charges?

Child molestation charges can cause a cascade of consequences impacting your reputation, employment, liberties, and future. A conviction may require one to register on the sex offenders list, which might follow them for decades and even for the rest of their lives. Probably more than any other kind of case, accusations of sexual abuse against minors are met with severe societal stigma. It can be challenging to have a fair trial when public opinion quickly turns against you. It takes the highest degree of expertise and experience to defend against accusations of child molestation. Legal knowledge is not a sufficient substitute for the experienced judgment from years of practice.

If you’re facing child molestation charges in Louisiana, the consequences of a conviction will be very severe. That’s why getting an experienced criminal defense attorney is essential. In Louisiana, David E. Stanley, APLC, is a respected name in criminal defense. With years of experience, he represents regular people just like you and would like to assist you in getting your life back on track. He aims to provide you with the most individualized experience and help you have your voice heard.

David E. Stanley, APLC, is well-known for his ability to defend clients against accusations of child molestation. He has a long history of successfully defending clients in criminal cases and sex crimes and is known for providing defense against child molestation charges throughout Baton Rouge, LA. Get peace of mind knowing attorney David E. Stanley is on your side. Contact us today to arrange a confidential legal consultation. 

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Possible Defenses against Child Molestation Charges

Severe accusations of child molestation or pornography carry lifelong penalties for those found guilty. A child molestation or pornography charge can forever harm your reputation, even if you are not found guilty. It is crucial to get legal counsel from a highly qualified attorney as soon as possible if you are charged with child pornography. In addition to assisting you in building a solid criminal defense, your lawyer could be able to lower the charges and punishments you are subject to. There is still hope even if you are accused of possessing, disseminating, or creating pornography involving children. You and your lawyer will meet to discuss the best course of action for your defense. Here are a few typical defense tactics:

  • Innocence

Sometimes, a furious partner or ex-spouse tries to undermine a reliable spouse. Parents engaged in contentious divorces or custody disputes have been known to manipulate children into saying one parent “touched” them in a specific manner or to insinuate molestation in other ways to obtain an edge in a custody court. Regardless of the objective facts or the absence of tangible evidence, well-meaning parents, police officers, prosecutors, and other legal system personnel who saw themselves as champions for the child victim may provide coaching to children.

  • Unintentional Possession

If you did not intend to possess child porn, or it did not belong to you, you may be able to claim an inadvertent possession defense. These circumstances may prevent you from ever being aware of its existence. Someone else may have downloaded the child pornography if the device is shared or could have accessed it without your knowledge. Another scenario is that malware was inadvertently downloaded by connecting to an unprotected network or clicking on an odd link.

  • It Was Not Child Porn

Content needs to fit specific state and federal requirements to be classified as pornography or child molestation. In Louisiana, images of people younger than 17 are included in child pornography. The fact that the content did not feature juveniles is another defense line. If so, the information cannot be categorized as child pornography.

  • Illegal Search and Seizure

In certain instances, the defense may contend that the police illegally obtained the pornographic material or committed child molestation. It may occur during an unauthorized police search of your home, typically when they cannot get a warrant. Your lawyer may contend that evidence obtained unlawfully is inadmissible and cannot be used against you.

  • Entrapment

Entrapment is a defense against police wrongdoing if the police coerce you into committing a crime that you otherwise would not have committed. The police likely coerced you into buying child porn that wasn’t properly marked as such, leading to your arrest. It may occur during operations to capture predators using child pornography.

  • Psychological Addiction

If you assert that you have a psychological addiction defense about child molestation or pornography, this argument may be applicable. Even though it is rarely successful, this defense could lessen your punishment if you are found guilty.

  • Mental Disorder or Madness

People who appear to lead everyday lives occasionally suffer from a variety of mental diseases, which may or may not be identified until the courts get involved. The accused may be unable to distinguish between right and wrong in such a situation. These defenses ought to be taken into account in circumstances where mental illness might be present.

  • Erroneous Accusations

Numerous individuals, such as coaches, teachers, pastors, and daycare providers, are unjustly held accountable. Sometimes, people make these accusations to hurt people or make money. To effectively negotiate a plea agreement, have the charges dropped, or have the case tried in front of a judge or jury, an experienced child molestation defense attorney like David Stanley is needed to investigate the circumstances of your case thoroughly.

Penalties in Louisiana for Child Molestation Convictions

Creating, obtaining, distributing, or fabricating child content is a severe felony. You will be sentenced to at least five years if proven guilty. Longer prison sentences and hefty penalties can be applied, depending on the details of the case. Upon conviction, you will also be required to register as a sexual offender and face a sentence that could run from fifteen years to life in prison, depending on the specific charges. Sexual offenses against children are taken very seriously by Louisiana and the federal government.

 As a sexual offender, housing, employment, and other aspects of life may be challenging to come by. Additionally, if you are a sexual offender, your relationships with your family and friends may suffer. You must seek the assistance of an experienced child molestation defense attorney to help you navigate this complex process. David E. Stanley, APLC, has years of expertise defending the legal rights of people charged with child abuse in Louisiana.  

Frequently Asked Questions 

What Actions Count as Child Molestation?

The actions that count as child molestation include performing sexual actions on children, such as touching private areas, exposing genitalia, taking pornographic photos, raping, inciting sexual acts with the perpetrator or other children, and variants on these acts.

What to Do If Accused of Child Molestation?

If charged with child molestation, you should speak with a child molestation defense lawyer as soon as you learn of the charges. Waiting will only make things worse because time is essential. Additionally, remember that conversations between attorneys and clients are private and protected by the attorney-client privilege.

Why Is It So Important to Hire a Child Molestation Defense Attorney?

Hiring a child molestation defense lawyer is essential because they will provide you with instant advice on what to do and what not to do. Suppose someone tries to interrogate you about the allegation: your employer, a police officer, a child protection agency, the media, the alleged victim or their family, or the media. In that case, an attorney can also begin speaking on your behalf immediately. Almost anything you say to someone else could be used against you in court, so this protection is crucial. Therefore, if the case proceeds to trial, anyone you spoke with about the claims—even a friend—may testify and restate your statements; in fact, you may be subpoenaed to testify to support your testimony.

Hire an Experienced Child Molestation Defense Attorney in Baton Rouge, LA

Child molestation charges can have a domino effect on your life. Probably more than any other kind of case, accusations of sexual abuse against minors are met with severe societal stigma. A fair trial cannot be accessible when public opinion quickly turns against you. Contact David E. Stanley, APLC, an experienced child molestation defense attorney in Baton Rouge, LA; he can assist.

With his background and expertise, David E. Stanley, APLC, is well-suited to defend individuals facing child molestation charges. We use our expertise to help you create the most vigorous defense possible for your case and offer advice on how to handle the damage to your reputation that could arise from being wrongly accused or charged with child molestation. Contact us today if you have been accused of, or charged with, child molestation in Louisiana.  

Are You Looking for a Child Molestation Defense Attorney
in Baton Rouge, LA?
Call David E. Stanley, APLC, at 225-926-0200

David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802


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