Accusations of child molestation or pornography can change your life in the blink of an eye. A conviction means permanent registration on a sex offender list and restricted rights in the United States for a lifetime. If you are being investigated for or charged with child molestation or pornography, you will need an experienced and tireless criminal defense attorney by your side, fighting for your rights, freedom, and future.
The criminal justice system in California views child sex crimes very seriously. Prosecution teams here have access to a wealth of resources that will be used to prove you are guilty beyond a reasonable doubt. While their role in the justice system is vital, they do make errors. Without seasoned criminal defenders, innocent individuals may suffer for crimes they did not commit, and those who make mistakes may suffer the full brunt of sentencing.
At the Law Offices of Graham Donath, we protect the rights of our clients against charges of child molestation and child pornography. Regardless of how you view your case, every action you take and testimony you give may be used against you. Your best course of action is to secure competent legal defense as quickly as possible.
Under the Child Abuse and Reporting Act (CANRA), child pornography in our state must be knowingly accessed and distributed for the act to be criminal. Stumbling across a website or someone else accessing illicit material on your device does not constitute criminal activity, unless the prosecution can prove beyond reasonable doubt that you were the individual who knowingly accessed it.
Similarly, if you view pornography and have no reason to believe the subject matter includes minors, you may not be held liable for viewing child pornography. It is not illegal to view consensual adult pornography, but be wary of the content you choose to view.
Child molestation investigations often start with a simple complaint to child protective services agencies. When kids are involved, these agencies feel compelled to follow every lead. However, many of these are false. Angry spouses or significant others may place a vindictive and false complaint themselves, or they may even encourage children who have suffered no harm to do so. Some professionals are required to file a report under certain circumstances. Being accused of one of these grievous crimes can be devastating for the innocent.
In California, child molestation includes any lewd or sexual act forced or not forced with a child. These acts may include touching over and underneath the clothing for the purpose of sexual arousal, encouraging children to touch themselves, or any other act that has the intentional purpose of gratifying sexual desire. Inappropriate touching does not only include “private areas.” This refers to any areas touched with sexual intent.
Child sex crimes, including pornography and child molestation, are felonies, and those who are convicted may go to prison and be required to register as sex offenders. It is extremely rare to be pardoned from sex offender status once it has been applied.
The Law Offices of Graham Donath, APC, understands that a swift, aggressive approach is the only way to fight a child molestation or pornography charge. The stakes in these cases are high, and the outcome can affect your reputation, future, and emotional wellbeing. These cases are rarely straightforward and often require extensive investigations. If you are being scrutinized for or charged with a child sex crime, you cannot afford to wait. Contact our team in Riverside to get started on your defense as soon as possible.