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The single most asked question I get is, is there
a profile of a child molester and is there a profile of a molested child? Do either of these
statements really exist? For anyone who is defending against a false allegation of child sexual
abuse, they need to know and the answer is "No." There is absolultely no scientifically
recognized profile of either. That is very important, especially when the prosecution calls a
therapist, psychologist, psychiatrist or even a medical doctor to the stand and, it is done.
Prosecutors will "qualify the doctor as an expert and ask, "Doctor, do you have reason
to believe that this child was molested?" "Yes I do." "She matches the
profile and the characteristics of a molested child." In that the doctor was qualified and
tendered as an "expert," their testimony will carry a great deal of weight, but it is
wrong and it is grounds for appeal on reversable error, but only depending on exactly how the
defense attorney handled the issue.
There have been numerous cases where psychologists
have testified as to the profile and/or the characteristics of a molested child. In many of those
cases, when the defense attorney asked what the characteristics were, the psychologist replied,
"They fail in school," "they wet the bed," "they act out sexually,"
"they become belligerent" and "they have nightmares." More often than not,
these "nightmares" are actually referred to as "night terrors," just to make
it sound more dramatic and hey, anything to help convict the accused, right? If the defense
attorney is prepared or knowledgeable and asks the expert, "Are you saying that the only
cause of these symptoms is child molestation?" their response would have to be
"no," so in reality, that "expert" intentionally tried to miss-lead the jury.
The proper objection would be, "Your honor, we object to this testimony in that there is no
scientically recognized profile and the testimony serves only to confuse and sway the jury. If
the testimony is allowed, then the question should be, "Doctor, are you saying that the only
cause for the list of symptoms you have given would be child abuse; that nothing else could, or
would cause a child to react in the manner you described?" Even the doctor must agree there
are a number of things that would cause a child to act as they described.
Yes, child sexual abuse does happen, but so do
false allegations of abuse as well. That is what we deal with and have specifically since 1989,
and I have seen case after case where the only issue was putting the accused in prison with
absolutely no consideration that they may be innocent and, in many case, the prosecution is
willing to go to any lengths, such as having their "expert" identify characteristics
and profiles. Anything to win.
One of their worst possible hazards for the
falsely accused at trial, and something that could quickly lead to conviction, is the unprepared
defense attorney who allows the State to call a psychologist as their expert, an expert who tells
the jury that the defendant matches the profile of a child molester. The word "profile"
or "characteristics" are often used in expert testimony. Either the defendant matches
the profile or has characteristics of a child molester or the child matches the profile or has
the characteristics of a molested child.
If testimony of this nature is given and the
defense does object, the Court would, most probably, rule the expert's entire testimony as
inadmissible as well as caution the jury to give it no weight. If not, and that testimony was
allowed to stand, it would be considered reversible error in the event of a conviction. Consider
though, even if the Court rules for the defendant, at that point, the jury has already heard it
and you cannot "un-ring" that bell. It still could influence the jury decision. If
faced with this dilemma, the defense should consider asking for a mistrial. Profile or
characteristic testimony alone can and has influenced a guilty verdict and it is based on nothing
that the overall scientific community accepts.
Another hazard is the State's
"expert" psychologist telling the jury that the accusing child was being truthful when
they reported that the defendant molested them. That is improper testimony. Basically, the
psychologist is saying, "The child told me they were molested." "I am an expert
with many years in dealing with sexual abuse and, if I believe the child, it must have
happened." No expert can offer testimony that serves only to "bolster" the
testimony of the child, yet this is done and, many times, without objection from the
defense.
Obviously, most of the time that you will
experience any of the above is either in a small town where sexual abuse allegations are rare and
neither the Courts, law enforcement or defense attorneys have any real experience. It can also
surface in larger cities where a defense attorney simply does not care, or does not have
experience defending these specific type of cases. In most cases, a defense attorney will handle
a sexual abuse allegation case in the same manner they would any other criminal case and, simply
put, that does not work.
If a defense attorney cares and realizes that the
State will call experts, they may file a motion, prior to trial, to exclude that expert
testimony, which would then put the expert on the stand. At that point, the defense attorney can
determine what the "expert's" testimony would be, but at least it cannot inflame a
jury at that point.
If you have been falsely accused of child sexual
abuse, I would urge you to visit any of the links below. That site was prepared, mainly to assist
those who are not financially in a position to retain professional help. The first thing anyone,
being falsely accused, needs to do is educate themself. They need to retain the proper attorney
and they need to prepare a defense, long before trial. The information on Cowling
Investigation's website can help and, all it will cost you is time. I never cease to be
amazed at the people who are facing years in prison, but who want someone else to do their
reading, their research and their defending. You would be amazed at the emails and/or telephone
calls I get with, "This is not for me, but I have a friend or a relative who has been
accused of raping a child and I am trying to find out how to defend them." My question is
always, "If you are doing this, and it is their life on the line, what are they doing?"
The usual response is, "Oh, they are way too upset to do this." I will guarantee you,
prison is an eye-opening experience. In realty, if the accused does not know what is going on,
how will they ever know if they are being told something correctly or if they are being defended
properly?
For additional information specific to defending
false allegations of child sexual abuse, see the following links at Cowling Investigations,
Inc.'s website.
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