Child Molestation: Legal Consequences and Prison Life

This article covers the legal and personal dimensions of being charged with the crime of child molestation, what prison life is like for child abuse offenders, and the post-prison sexual predator public reporting requirements mandated by both the state and federal governments.

We also examine the extremely destructive personal, emotional, and psychological damages of child molestation victims, the common signs and symptoms of abused children, and the mandatory reporting requirements of suspected child abuse by different types of professionals who are responsible for supervising children.

Child Molestation – Federal Reach

Federal jurisdiction is rarely imposed when it comes to sexual molestation. This is because child sexual abuse matters almost always take place inside a given state jurisdiction.

These matters are therefore left to state or local authorities to prosecute under their state laws except under the following circumstances:

• Child molestation takes place on a U.S. military base.
• Child molestation takes place on federal lands, such as federal courthouses and federal buildings.
• Child molestation involves interstate kidnapping.

Child Molestation – State Jurisdiction

Most states vigorously prosecute child molestation cases, and those convicted of child molestation face some of the most extreme criminal penalties imposed by the criminal justice system.

We begin this article by stating it is illegal for an adult to touch any portion of a minor’s body with “lewd and lascivious” intent. Over the past thirty years, the legal meaning of the term has evolved and can vary considerably between states.

By way of example, we will use California’s statutory definition of lewd and lascivious intent in the prosecution of child molestation cases:

Under PC 288(a). A “lewd and lascivious” act is an act of a sexual nature “with the intent of arousing, appealing to or gratifying the lust, passions, or sexual desires” of the minor.

Acts That Constitute Child Molestation

The following are examples of acts of child molestation:

• The intentional touching of the minor’s private parts
• The deliberate exposure of the molester’s genitalia to a minor
• The intentional taking of pornographic pictures of a minor
• The rape of a minor
• The intentional inducement of sexual acts with a minor

Child Molestation Penalties Are Among the Most Severe

Being charged with child molestation is among the most serious crimes a person can commit and carries the longest and harshest prison terms imaginable.

Doing prison time as a convicted child abuser

Pedophiles are among the most hated in state and federal prisons. They are the targets of the most extreme forms of violence and sexual abuse from other prisoners.

In fact, for safety reasons, most child molesters are placed in protective custody spaces and mostly kept away from the general prison population. The reason for this is that many prisoners have themselves been victims of sexual abuse as children.

Prison Sentences Vary by State

In most states, the average prison sentence for child molestation is 15 years. In California, for example, each separate act on a child carries a mandatory seven-year term, and each term can run consecutively – which means each seven-year term gets stacked one on top of the other.

First-time offenders of child abuse or molestation

First offenders are sometimes afforded reduced or converted sentences. When a plea bargain is available, it is usually only available for first-time offenders.

Should a second crime be committed, the offender will have fewer options and face potentially harsher penalties. If the second crime was a violation of probation from the first, the defendant, if convicted of the second crime, will face a much harsher sentence.

Defending A Child Molestation Case

The predisposition of guilt by the jury

Given that many jurors have young children of their own and the egregious and offensive nature of child molestation cases, the accused often faces a jury that, at least at the beginning of the trial, is predisposed to a finding of guilt.

Dangerous suppositions

A juror may ask themselves, “…why would a child lie about such a horrible thing? It makes no sense…” Add this sentiment to also being overly protective of children (and rightfully so), and this juror is likely to give the accuser the benefit of the doubt.

Giving the accuser the benefit of the doubt

Giving the accuser the “benefit of the doubt” violates the law and the court’s specific and express instruction to the jurors that it is the prosecutor’s burden to prove their case beyond a reasonable doubt. And included in this admonishment is the order for jurors to keep an open mind to the evidence presented in their determination of the defendant’s guilt or innocence.

In child molestation cases, jurors tend to give the benefit of the doubt to the accuser rather than the accused, even when the juror’s doubt of the defendant’s guilt is a reasonable one.

The above reasoning of giving the benefit of the doubt to the accuser is both contrary to the law and dangerous to our system of justice. In fact, the reasoning unwittingly resembles the lesser burden of proof used in civil cases. In civil cases, the burden of proof only requires that the defendant be found legally responsible by a mere preponderance of the evidence. This is not the law in criminal cases.

The Burden of Proof in Criminal Matters Is Much Higher

In criminal cases, the law requires that the prosecutor prove every element of the crime beyond a reasonable doubt for a juror to find guilt. Anything less requires a finding of not guilty.

Possible Defenses to Molestation Charges

Misconstrued intent of the alleged offender

Social situations are complex, especially for children who do not yet know how to judge sexual intent, especially in family social gatherings, such as holding a child’s hand for safety reasons or hugging a child out of sincere affection for the child.

Challenging the minor’s credibility

Defense investigators look for a history of dishonesty and prior false criminal accusations made by the minor. In older minors, such as teens, investigators attempt to find juvenile criminal records that may demonstrate a pattern of dishonesty and lack of trustworthiness. If such evidence is discovered, such cases tend to be plea-bargained to a lesser offense.

Manipulation by a vindictive spouse

Consider the following example:

A father of a minor, now a defendant in a child molestation case, and his ex-wife were in the middle of a long and bitter custody dispute in which the mother used the daughter to fabricate a sexual abuse allegation against the father to help the mother gain full custody of the child. Unfortunately, parental manipulation of the child is not uncommon in these types of cases.

DNA evidence

DNA evidence is highly accurate. The presence of DNA evidence in sexual assault, or lack of it, can powerfully impact the outcome of a criminal case.

Mistaken Identification

Many states, such as California, have no or very long statutes of limitations for the crime of child molestation. Therefore, when allegations of molestation are made about acts claimed to have occurred as many as thirty or forty years ago, the victim’s memory is often hazy as well as suspect, which weakens the prosecutor’s case. This is especially true if the victim did not tell anyone else about the assault until she was much older.

Mistake In Age In Not A Defense. This defense is not available in child-molest cases. This is true even if the minor appeared to be older than the age of consent, which, in California, is 18. Regardless, it is still child molestation. In some states, such as Georgia, the legal age of consent can range from 14 to 16 years.

State Post-Prison Sex Offender Registration

Public registration often means the complete and utter ruin of the offender’s social standing and reputation, and the aggravating conditions of their crime can result in public registration for life.

In many states, such as California, a person convicted of child molestation, once released from prison, must immediately register as a sex offender in the state and county where the offender resides. This includes listing their residential address and the specific sex crime convictions.

Registration information is considered public records

Mandatory registration as a convicted sex offender is considered public information and is readily available on the Internet and on local community and neighborhood sites. Failure to timely register is considered a probation violation and can result in the immediate reinstatement of the offenders’ prison term.

Duration of Registration – State Laws

The amount of time a sex offender remains on the registry depends on the severity of the crime for which the individual was convicted and the individual’s crime classification.

Being Classified a Sexually Violent Predator

Lifetime registration requirement

A sexually violent predator is someone who has committed sadistic forms of violence upon the molested victim and is determined to possess a personality disorder or mental abnormality that makes it probable that they will commit a sexually violent act against other victims. This type of offender is subject to lifetime registration.

In most states, before an individual can be classified as a sexually violent predator, there must be a hearing and written findings to support this classification.

Prohibited from living Near public places

The individual who is registered as a sex offender, when notifying the state of their current address, may be prohibited from residing within certain distances of certain types of public facilities, such as schools, parks, or churches.

Federal Offender Registration Differs from State Requirements

Federal registration

Under Federal law, the mandatory sex-offender registry is classified under three tiers.

• Tier 1 is usually for non-violent sexual contact. This tier requires a 15-year registration requirement.
• Tier 2 is for non-violent sexual contact but crimes involving commercial involvement, such as sex trafficking. This tier requires a 25-year registration requirement.
• Tier 3 includes aggravated forms of sexual violence and kidnapping. This tier requires a lifetime registration requirement.

Other Types of Sexual Assaults That Require Registration

Depending on the state, other types of sexual assaults require the sex offender to register publicly with the state and local law enforcement.

• Rape
• Sexual battery
• Felony indecent exposure
• The exploitation of a minor
• Kidnapping
• Solicitation of a child by computer to commit an unlawful sex act

Vicarious Liability Applies. The above crimes and their penalties, including having to register as a sex offender, can be vicariously imposed on individuals who never touched or assaulted the accused if they were found to have legally aided and abetted the offender or had conspired to commit such crimes.

Removal From Federal Registration

Shortening registration requirement under federal law

An offender can shorten their registration time under the following conditions:

• There must be no convictions after imprisonment for the original offense.
• There must be no conviction of any additional sex crimes.
• The offender must complete a certified sexual rehabilitation course.
• Completion of probation, parole, or supervised release.

Removal from registries – defense lawyer strategy

Suppose a convicted sex offender is on both state and federal registry lists. In that case, the law allows them to file an application to apply for a reduction of the time on the federal list and then use this success to petition the court to remove their name from the state sex offender registry.

The court has the discretion to grant or deny a petition, and the district attorney can challenge the removal of their name from the list if they choose to do so.

Depending on the jurisdiction, virtually any sex-based crime can require the offender to register as a sex offender. These crimes include:

• Child Molestation
• Rape
• Lewd and lascivious behavior
• Statutory Rape
• Child Pornography
• Indecent Exposure

Signs of Sexual Abuse In Children

Possible symptoms of child molestation

According to the Mayo Clinic, the following are possible red-flag signs of sexual abuse in a child:

• Withdrawal from social activities with friends
• Behavior changes such as frequently angered states of hostility or hyperactivity
• A rapid decline in school grades
• Sings of stress, anxiety, and depressive behavior
• Sings of a sudden loss of self-esteem and confidence
• Difficulty falling asleep and frequent nightmares
• Signs of rebellious, defiant, and confused behavior

Child Molestation Reporting Mandates

Under most state child molestation laws, certain occupations and professionals are legally mandated to report their suspicions of child molestation to the police.

• Mandatory Reporters Include
• Medical Doctors
• Therapists
• Teachers
• Social Workers
• Clergy
• Daycare Supervisors

Consult A Criminal Defense Lawyer

Should you have specific questions or require additional information about your legal rights and obligations, we recommend you consult a verified Criminal Defense Lawyer as soon as possible.