Allen N. Cowling

Trial can be a very frightening experience and especially to someone accused of child sexual abuse. The fact is, you, the accused, are simply an actor in a play. Put on a good performance, the audience applauds and you go home. Put on a bad performance, the audience boo’s and you go to prison. So much of a defense depends on the accused and how they handle themselves during trial and when they testify. There is far more involved in preparing an accused for trial than simply having someone tell them, "Oh, when you get on the stand, just tell the truth."

Much of my education about dealing with trials actually comes from working on convictions because that has afforded me the opportunity to speak to people who have served on juries that did convict. When I ask why, the number one answer I get everywhere in this country is, “They did not testify.” Now lawyers are quick to dispute that because they put so much effort into “You cannot hold it against my client if they do not testify.” The fact is, when a jury hears a story from a child about abuse and the accused does not take the stand, that is very problematic to them. These cases are all about "who" has the credibility and who does not!

The number two answer I have gotten as to why juries convict is, “They showed no emotion, or they showed the wrong emotion.” Attorneys are quick to tell clients, “I don’t want to risk putting you on the stand, or if I do, don’t show any emotion.” That is not the best advice when defending cases of child sexual abuse. These cases come down to who the jury believes, so again, it is in the best interest of the accused to testify and certainly in their best interest to be prepared accordingly. The links on the left go into far more detail.