Sexual assaults against children
| Author | Timothy E. Zerillo |
| Pages | 475-602 |
SEXUAL ASSAULTS
AGAINST CHILDREN
12-1
CHAPTER 12
SEXUAL ASSAULTS AGAINST CHILDREN
In this chapter I hope to provide some insight into the ugliness and opportunity inherent in handling a
child sexual assault case. I base the motions and trial materials in this chapter on a case I tried several
years ago. I am using this case because it was far from easy for the defense. It also raises issues common
to the more difficult child sex cases from the defense perspective.
I. INTRODUCTION
§12:01 Representing Accused Child Sex Offenders
§12:02 Sex Offender Registration
§12:03 Scenario
II. COMBATING JUNK SCIENCE AND BS SEXUAL “FINDINGS”
§12:10 Injuries to the Hymen
§12:11 Why Is the Location Significant?
§12:12 Why is the Type of Injury Important?
§12:13 Debunking Commonly Raised Signs of Abuse
§12:14 Useful Studies
§12:15 The Anus
§12:16 The “My Child Was Acting Strangely and Was Therefore Abused Argument”
§12:17 Defense Experts
§12:18 Polygraphs
§12:19 FORM 12-10 Defendant’s Motion to Amend Bail Based on Polygraph Results
§12:20 FORM 12-20 Motion in Limine Requesting Admission of Polygraph Testing
§12:21 Interviewing Child Victims
III. STRATEGIES AND TACTICS
§12:30 Using Restraining Orders and Family Matters to Your Advantage
§12:31 The Child of Divorce and Separation
§12:32 Competence of Child Victim and Taint Hearings
§12:33 FORM 12-30 Motion for Hearing on Competency of Child Witness
§12:34 FORM 12-40 Motion to Conduct a Taint Hearing
§12:35 Alibi and Opportunity/Access to Child
§12:36 Child Is Inconsistent
§12:37 Child’s Timeline Makes No Sense
§12:38 Child’s Failure to Tell Anyone about Assault
§12:39 Character Evidence that the Defendant Is a Good Parent
SEXUAL ASSAULTS
AGAINST CHILDREN
Defending Specific Crimes 12-2
IV. INVESTIGATION AND DISCOVERY
A. Witnesses and Potential Witnesses to Interview
§12:50 Government Experts
§12:51 FORM 12-50 Sample Letter to Government Expert
§12:52 Speak to the Child to Uncover Inconsistencies
§12:53 Speak to the Child’s Parents to Explore Settlement Options
§12:54 Speak to the Child’s Friends, Daycare Providers, Teachers, Coaches
B. Documents/Evidence to Gather
§12:60 Divorce, Paternity and Restraining Order Pleadings and Judgments
§12:61 Photos, Videos, Cards, and Drawings
§12:62 School Records
§12:63 FORM 12-60 Motion for Discovery of Child’s School Records
§12:64 Social Networking Sites
§12:65 Seize the Child’s Computer and Phone and Have Them Analyzed
§12:66 Health and Human Services Records
§12:67 FORM 12-70 Order on Defendant’s Motion to Produce
Department of Health and Human Services Records
§12:68 Medical Records
§12:69 FORM 12-80 Motion for Discovery of Medical Records
§12:70 Investigate the Scene of the Alleged Crime
V. MOTION IN LIMINE TO PRECLUDE EVIDENCE
§12:80 In General
§12:81 Limiting First Complaint Testimony
§12:82 FORM 12-90 Motion in Limine to Limit First Complaint Evidence and Preclude Other Evidence
VI. TRIAL
A. Trial Strategy
§12:90 Raising Reasonable Doubt
§12:91 About Tammy’s Truthfulness
§12:92 Explaining the “Why” of her Allegations
§12:93 Explaining her Injury
B. Jury Selec tion
§12:100 Jurors to Seek
§12:101 Use of Jury Questionnaire
§12:102 Sample Voir Dire Questions
§12:103 FORM 12-100 Jury Questionnaire—Child Sexual Assault
C. Opening Statement
§12:110 My Approach
§12:111 Opening Statement Excerpt—Urging Jurors to Keep an Open Mind
D. Witness Examinations
§12:120 The Witnesses
1. Complainant
§12:130 Prosecution’s Direct Examination of Child Victim
§12:131 Defense Cross-Examination of Child Victim
§12:132 Prosecution’s Redirect Examination of Child Victim
§12:133 Defense’s Recross Examination of Child Victim
2. Cross-Examination of Other Prosecution Witnesses
§12:140 Cross-Examination of Prosecution Medical Expert
§12:141 Cross-Examination of Turncoat Ex-Girlfriend
§12:142 Cross-Examination of Detective
§12:143 Cross-Examination of Child’s Mother
SEXUAL ASSAULTS
AGAINST CHILDREN
12-3 Sexual Assaults Against Children
3. Direct Examination of Defense Witnesses
§12:150 Direct Examination of Defendant
§12:151 Direct Examination of Day Care Provider
§12:152 Direct-Examination of Aunt
E. Closing Argument
§12:160 Inconsistencies Chart
§12:161 Sample Closing Argument
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