Denton Child Molestation Attorney

Denton County Child Molestation Lawyer Serving Denton

If you have been accused of molesting a child, then you need to hire a Denton County sex crime defense attorney to represent you in court. If you or someone you care about has been accused of child molestation, then our criminal defense attorneys in Denton, Texas will help you to fight for your rights and defend you in court.

In any sex crime case, particularly those involving children, society and the justice system has a tendency to assume you are guilty, even if there is only an allegation and no evidence to back it up. The accused person usually goes through hell even before a trial begins, with friends, coworkers, employers, and even family members shunning or humiliating them. Sometimes, the pressure becomes so great that the accused person will admit to a crime they did not commit just to end the misery of being publicly harassed both in person and online.

At Magaña & Van Dyke, we understand the dangers of being accused of molesting a child, even before a conviction, and we know what you are going through. We believe that you are innocent until proven guilty, and we will do everything in our power to make sure that your future remains intact.

Reasons for False Child Molestation Allegations

Even though it is a good thing to catch people who are truly guilty of child molestation, false accusations do occur, and innocent people can suffer greatly because of them.

Many child molestation cases are started from false accusations, with ulterior motives on behalf of one of the parties involved. Here are some common examples:

• Child Custody Disputes: One parent may want sole custody of the child, so they accuse the other of molestation.
• Divorce: If a couple is going through a divorce, one spouse may want to cut off the other's access to financial resources so that they can no longer afford an attorney. The can be done by making a false accusation of molestation, causing the accused spouse to lose their job.
• Disgruntled Student: Perhaps a student didn't get the grade they wanted or a good recommendation for college, so they will accuse the teacher or school of an inappropriate relationship between a teacher and student, raise a public circus against the school, and end up with a case against the teacher to coerce them into giving a higher grade or glowing recommendation.
• Stepchild Syndrome: On occasion, an child whose parent has remarried may not be happy about this relationship, or they may wish to live in a different home, so they may falsely accuse their step-parent of molesting them.
• Attention: Sometimes, a false allegation of molestation (or another sex crime) will be made only for the benefit of raising a media circus, which leads to social media fame, interviews, paid speeches, book authorships, etc.
• Money: Money is a great motivator, but greed can lead to innocent people getting hurt. False accusations are sometimes made for the sake of getting a settlement payment from a person.
• Revenge: If a relationship ends badly, and one person is vengeful, they may accuse the other person of molesting them (or a child) simply to get the other person into trouble.

Children are often taken at their word when they accuse a person of molesting them. This is because adults want to believe in the innocence and trustworthiness of children. Thus, they believe that children do not have any motive to lie. Unfortunately, children do lie, and while the reasons may be obvious, these reasons are usually overlooked by people who have a bias that children have no ulterior motives. Moreover, parents will sometimes "coach" their children to give certain answers, since the parents want something from the accused.

Defining Child Molestation in Texas

Texas sex crime law defines child molestation as a crime which involves the: "indecency, sexual contact, or sexual abuse…of anyone under the age of 17."

Molestation of a child under the age of 14 is punished more severely, even if the defendant is a first-time offender.

All of these can be considered for a charge of child molestation:

• Child pornography: Allowance, creation, distribution, or possession
• Online solicitation of a minor: Participation in an activity of a sexual nature with a child, which may hurt them mentally, physically, or emotionally
• Not taking a reasonable action which would prevent the sexual abuse of a child (Example: you witness a child being molested, but don't do anything to prevent or stop it from happening)
• Coercing a child to engage in sexual behavior or talking them into engaging in a sexual act

Texas Punishments for Child Molestation

Abusive cases of child molestation are considered to be first-degree felonies, and penalties can include:

• 5 to 99 years in prison
• $10,000 fine
• Sex offender registration

Contact Our Denton County Child Molestation Defense Attorneys

If you or someone you care about has been falsely accused of molesting a child, then you need to contact an experienced sex crime attorney who knows the legal system and who can help you to protect your freedom. Do not say anything to the police: anything you say can, and will, be used against you in a court of law. This includes taking your words out of context and falsely representing anything you have said in your defense. The less you say, the less ammunition the prosecution will have against you. To learn how our lawyers can help you defend against child molestation accusations, call our office at 940-382-1976 for a free consultation.