Legal Question in Criminal Law in Texas

Falsely Accused of Child Molestation

My father-in-law has been accused by his grandaughter of molestation. This came about out of the blue about 6 months ago. She said it had been going on for 7 years. Can you detail the penalty involved with this charge?? He maintains his innocence and we believe him. We have been unable to find any motive behind this except that we believe her father (deceased since the charges were filed) was the guilty party and this was her way to get it off her chest. It has caused severe hardship (almost devestation) to the family - he is 65 years old and won't make it in jail. Do we have any recourse??? Are you assumed guilty until proven innocent in the case of child molestation??

Please help!


Asked on 6/03/99, 4:30 pm

1 Answer from Attorneys

David Sergi Sergi and Associates PLLC

Re: Falsely Accused of Child Molestation

You pose a very dificult senario. This type of

case has so many variables that it will require

a great deal of time, expertise and heartbreak.

It is the hardest case to proove and at the same

time the hardest to defend.

The case will probably be filed as a first degree

felony case which carries a sentence of 5 to 99

years or life. Depending on his criminal history, 10 years

probation or defered adjudication are also an

option .

To properly defend a case such as this he will

need some good family witnessess to debunk

the childs story, as well as witnessess that will

cast suspicion on the father.

You will also need to hire good expert such as

psychatitrists and social workers to set up a jury

trial where in your father is cleared from both a

factual and "risk factor" point of view.

Finally, and most problamatical of all is

societies view of child sex offenses. Just ask yourself

what you would think of your father if you were a

stranger and knew none of the other facts.

Our constitution says innocent until proven

guilty, our society, by and large has forgotten

that. Therefore it will be important to have your

father testify because that will be his best

chance to vindicate himself.

I would be happy to discuss this with you further.

I handle complex cases such as this through out

the state and have a good idea of which experts

you ought to consider hiring. If I am unable to

help you I might be able to steer you to a local

attorney who has the ability and heart to take on

this type of challenge.

I am sorry that you are in this postion

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Answered on 6/05/99, 10:38 am


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