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Affiliation
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Deputy Alternate Defender, 701 Miller Street, 1 Floor, San Jose, California 95110, USA. |
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Abstract
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My experience and training in defending allegations of sexual assault on prepubertal girls has shown me that witness credibility is often crucial in the case. More often than not, the prosecution's case relies almost entirely on the believability of the complaining child witness. In cases where the child witness recants her allegations or refuses to testify, the prosecution's case is devastated and a conviction becomes unlikely. Similarly, the defense's case can be devastated by the presentation of forensic evidence that corroborates allegations of rape.
I have been involved in cases and witnessed prosecutors misuse Dr Joyce Adams' findings in her work entitled "It's Normal to be Normal". In cases where the child witness claims to have been fully and repeatedly raped and there is no evidence of prior penetration, they will claim that it is normal for a vagina to heal itself of any injury. Prosecutors routinely disregard the argument that there was no penetration or that the allegations are false even when the child recants. In California, the difference between penetration and molestation often means a life sentence or several years in prison.
It is not uncommon for children to make false allegations of rape or molestation in the legal system. In family law cases, parents will make false accusations against their spouses in an effort to gain an advantage in their custody disputes. Such parents will convince their children to falsely report allegations of molestation to law enforcement. I have also handled a case where a caretaker improperly suggested to the child that she was molested and false allegations followed. There is no question that false allegations of rape and molestation are made to law enforcement.
In cases where credibility is lacking for the complaining child witness and the prosecution lacks any other credible evidence suggesting rape, the absence of injury should exonerate an accused. However, prosecutors will argue that lack of penetrating injury is normal and therefore does not exonerate the accused. Having a definitive answer as to whether permanent detectable injury should be present in a prepubertal girl who was fully penetrated would have vast cost- and life-saving ramifications for those who were falsely accused. No longer would the falsely accused have to put their life in the hands of a jury when the prosecution has a weak case.
Language: en |