How easily does a person who commited a sex crime get off?

Question

My ex on his visit decided he was going to take his clothes off infront of my 9 yr old daughter and put him on his lap, while still naked the whole time asking her if she's comfortable. She told police that she thought he took a picture of her naked on a different occasion. Police confiscated his computer and found other kids pornographically. Once they got his computer, two other victims came forward. These other victims are connected to me as well. One is my brothers girlfriend 17yrs old and she says he forced her take dirty pics and told her not to tell. Police never found her pics on his computer. But she is willing to testify. My little sister 15yrs old says he felt the bottum of her breasts while at the lake but made it look like an accident when he conveniently offerd to help her fix her top that came undone when he was behind her on the jetski together. He has a fancy lawyer and is saying that I made this whole thing up. At this point, the DA has had this since Jan 07.

Answer 1

Has he been charged, or is the DA still evaluating the case? This is an important question to give an idea of what to expect in the near future.

There are several charges that may flow from this evidence. First is the child pornography charge. Hopefully the police obtained a search warrant or consent to search his home before taking the computer. Assuming they did so (standard practice), then they likely have a solid child pornography case depending on the evidence they found in the computer. If it's just a couple of images in his "cache" file he could claim he accidentally stumbled across it and didn't intend to possess it on his computer. On the other hand, if the images were saved in regular folders or relate to children that he knew, then the police have him dead to rights.

A side issue is whether the images qualify as "virtual chile" pornography or mere "child erotica" (sick thought, I know). The Supreme Court a few years ago (thanks, J. O'Connor) in a case called Reno v. Free Speech Coalition, held that a First Amendment right exists to possess "virtual" child porn (porn made without actually using children) and child erotica. If the images on his computer can't be shown to involve real kids or don't show kids engaged in actual sexual activity, then they won't be chargeable. If the DA hasn't filed yet, this question may be a partial basis for the holdup.

The second charge would be sexual assault, sexual indecency with a minor, etc. These charges are difficult to improve and are heavily dependent on the credibility of the victim(s) and witnesses involved. They are a real challenge for prosecutors because witnesses don't always describe what happened to them the same way over time, which leads to claims that they made the whole thing up. The bad news of multiple victims ends up being good news in terms of proof. The more victims who independently relate stories of abuse, the easier it is to prove that the perpetrator is guilty.

One last suggestion: Make sure the victims do not talk to each other about their abuse; it will be seen as witness collusion. Get their statements on record early (I assume this already happened via police interviews) and ensure that they each have a copy of their own statements (but not each other's) to keep memories fresh. If the case goes to trial, the prosecutor's office should have a victim/witness advocate who can help them get ready for court, along with the prosecutor who is taking the case to trial. Getting ready for court will include preparation for what cross-examination will be like.

Good luck.

Answer 2

The DA's only hard core evidence is the kiddie porn found on the ex's computer files---and that's pretty good evidence for felonies on a state AND Federal level. Good luck to his fancy lawyer defending him against THAT smoking gun evidence. Best defense: the devil made him do it????

Testimony from your brother's girlfriend and sister: Sadly, this is NOT smoking gun evidence; such testimony is circumstantial and is tough to allow into court record--you can bet the "fancy lawyer" knows this all too well.

However, your garden variety sex predator/pedophile's favorite victims are those close to him and/or ARE RELATED TO HIM......or her (yes, there ARE female pedos out there.....and their numbers ARE growing!!!).

If these women want their story told into court record, they BOTH MUST PREPARE to give strong, brave and iron-clad testimony.....stated so well, it'll be difficult for the fancy lawyer to tear it up. My advice here: have a equally sly lawyer work w/ these two victims and prep them for the ex's lawyer.

Bottom line: the kid porn computer files can be put into evidence, no problem. testimony from relatives/victims is a maybe. Either way: I feel your ex might see some prison time for carnal knowlege and/or incestual rape.

Then again....if he's wealthy; justice has been known to be bought and sold......in some cases.

Answer 3

We now know that literally thousands of people have been wrongly convicted of sex crimes .

Some of these were "honest" mistakes but many were not.

The police and social workers will tell you that some (mostly women) of the reports sex crime reports they recieve and waste their time investigating are a result of a spouse mother etc lodging FALSE accusations to either get child custody or revenge or other reasons.

Secondly,in the 80s when prosecution of these crimes really took off ,it was believed that a child simply would not lie about a sexual molestation but experts/psychologists/psychiatrists now know that children do lie about such things for other reasons .(mostlt because their mother has planted the "molestation seed" in their heads).

People like you need to talk to the hundreds that have been exonerated by the Innocence Project and how their lives and those of their loved ones have simply been destroyed.

All of this is NOT to doubt what you write nor cast aspersions on what you write but merely to point out that society through the authorities must make sure that INNOCENT people are not sent to jail for years.

Our legal system requires that all criminal convictions be based upon the concept of "REASONABLE DOUBT" and if there is reasonable doubt than the charged person is free .

Your question implys that people who commit sex crimes get off relatively easily.

The FACTS evidence your charge as simply not only wrong but in fact the reverse because one problem in the legal system is that given the nature of sex crimes ,convictions are being made where there is substantial reasonable doubt because jurors want somebody to pay ,anybody.

As the Innocense Projec t has proven,all that happens in these cases is our system creates it's own VICTIMS.

Answer 4

If all the girls you've mentioned are willing to testify, plus they found pics on his computer, sounds like a pretty solid case to me.

Unfortunately, like a lot of sex crimes, it often comes down to "He said She said". So once it goes to court, be prepared for a fight.

How much jail time a person gets for pedophilia depends on where you live, so I can't really say. Firt time offenders will often get a break, so if he has never been caught before, be prepared that he might get a lesser sentence than what you expected.

In the meantime, to protect yourself and those around you, get a restraining order. I'm sorry to say he won't be spending the rest of his life in jail, he may spend very little time or just get probation. So get a restraining order, this will give you some leverage and peace of mind.

Answer 5

easily person commited sex crime

Answer 6

If the police have confiscated his computer and there is proof of child porn on it they he is obviously guilty.

For this alone he should be tried and jailed forthwith.
The law states that a child should be protected from such crimes.

Yes in some cases these people do get off far too lightly, I think when proven beyond all doubt that the criminal of such crimes should be castrated and de handed.

Answer 7

depends on several things ranging from what state this happen in, also the prosecution may be trying to plea bargain with him, or looking for more evidence to prosecute him.