Legal Question in Criminal Law in Ohio

Re: recanting molestation charge

This is a very difficult situation to address. In general, the correct answer is very fact specific and if you are working with an attorney now I would strongly suggest that you go to that attorney with your concerns. If you are not working with an attorney now I would suggest that you get one. Child molestation cases very often lead to prison sentences, and this is not something that you should do on your own.

Having said all of that, the first question I would want answered is whether the child has recanted the accusation "on the record" or merely in statements to others. It is very common for a child, especially a young child, to recant for reasons that have nothing to do with the truth or falseness of the original accusation. In order to convince a jury that the recanted testimony is accurate, you need to make sure that the child recant's "on the record" --- and by that I mean under circumstances where it is clear that what the child is now saying is the truth. That is why you need an attorney to help you, because each situation is different.