If you’ve been accused of a sex crime involving a minor, you are facing severe penalties and an extensive investigation. Allegations of sexual misconduct are taken very seriously by Houston prosecutors, and there is extreme scrutiny for any accusations involving children. In many cases, a child’s claim about any sexual activity has been considered true before any steps are taken to prove them. Investigators often rely on forensic interviews to reinforce child sex crime charges, even though they have been proven false in the past.
If you’ve been accused of a child sex crime in Houston, you need to find a defense attorney as quickly as you can. It’s crucial to find a lawyer with the experience and skills who can intervene before too much damage against you happens. An alleged victim is likely to undergo several interviews, and your sex crime defense attorney can ensure your rights are protected and that all interviews meet certain standards.
Contact the Law Offices of Ned Barnett to find out how he can help and what your options for defending against an accusation of sexual misconduct are in a 100% confidential and free consultation: (713) 222-6767.
What Are Forensic Interviews in Sex Crime Cases?
Forensic interviews are used in cases where child abuse is suspected. They provide a structured environment for children to share their side of events. The goal of a forensic interview is to allow the child to speak freely with as little guidance or interference as possible. The information should be accurate, reliable, and detailed. The interview can be observed by law enforcement members or Child Protective Services representatives. They do not participate, merely attend and listen to the answers given by the alleged victim. This style of interview is used in domestic violence cases and sexual assault cases. Just because investigators are as careful as possible, the interviews are not always unbiased.
Who Conducts These Interviews?
Qualifications vary across different interviewing models. Some of the most well-known agencies that oversee interviews of alleged child sex crime victims include the American Professional Society on the Abuse of Children, CornerHouse, National Institute of Child Health and Human Development, and National Children’s Advocacy Center.
Generally, interviews have at least a bachelor’s degree and perhaps a master’s degree. They have professional experience working with children in traumatic situations and have usually undergone specialized training regarding sexual abuse interviews.
Interviews may also be conducted by Houston CPS professionals. However, this is not always the case. sometimes, police departments simply have a police officer with some forensic interviewing training question children.
In these cases, if they have not been specifically trained on how to talk to children, it is possible that they will “lead” the child or plant false memories.
What Kind of Questions are Asked in Forensic Interviews?
Normally, interviewers try to gather as much as possible via the child’s own free recall. That means getting information without asking pointed, specific questions.
They may ask general questions and give the child time to expound on their answers. To create an environment where this can occur, they build rapport with the child first.
General questions may be structured like:
- “You said x, can you tell me more about it?”
- “What happened after that?”
- “Tell me about daycare/soccer practice/etc.”
If these questions do not yield useful information, they may turn to focused questions, like “Which part of your body did (name) touch?” or “Where were you when x happened?”
In some cases, they use anatomical dolls or models to help children answer.
Why are Forensic Interviews Problematic?
There can be issues with individual interviews, and there are also problems within the system. A study published by researchers with the American Psychological Association found that forensic interviewers would ask for information about the case before getting answers from the alleged victims. Interviewers that participated in the study admitted there was a possibility of bias when asking questions, meaning they would slightly lead children to confirm the facts of the case, not ask questions to get true answers.
Asking focused questions with information that has not been supplied by the child could change the story or influence answers to be worse than the truth of the situation. For example, if the child has not said that an individual touched them, asking “Where did (name) touch you?” could cause the child to answer affirmatively instead of supplying that answer on their own.
Furthermore, children are extremely suggestible. If they feel that they aren’t giving the “right” answers to questions, they may answer differently to make the interviewer happy. An interviewer who pushes a line of questioning that isn’t producing viable answers risks having a children make up answers.
Additionally, children may be “coached” before interviews if a parent/guardian has a predetermined idea of what occurred—even if it produces false testimony. A child who repeats rote statements and does not ever comment on those issues in their own words may have been coached by a caregiver.
Why Do I Need a Defense Attorney for a Sex Crimes Case?
When you’ve been accused of a sex crime involving a child, you are facing dire consequences. If you’re convicted, you will be sentenced to prison, forced to register as a sex offender, and deal with a social stigma for life. You could consequences before you’ve even been in a courtroom because of the social court — an accusation of sexual misconduct can upset many people, and those accusations only get worse when the supposed victim is a child.
Prosecutors will utilize every available resource to secure an indictment and then a conviction for a sex crime case. They understand that any potential victims need sheltered and protected, but sometimes that effort actually leads to lasting harm because of a misunderstanding.
Your defense attorney should recognize the potential harm you’re facing, and they will begin to explore weak points in the prosecutor’s case. Some of the biggest failings in the case could come from questionable interview and investigation tactics. Your lawyer can try to prove that the forensic interview was conducted in a way that assumes you are already guilty, or that the interviewer was someone whose certification had lapsed. Your lawyer’s job is to find ways to raise doubt in the prosecution’s case. If they’re successful, you stand a better chance at dropped charges or an acquittal.
What to Do After a Child Sex Crime Accusation
If you are facing an allegation of a child sex crime in Houston, the steps you take immediately following the accusation can profoundly impact the outcome of your case. Because the system often presumes guilt in these sensitive cases, you must act deliberately to protect your future.
- Retain a Criminal Defense Attorney Immediately: Do not wait for formal charges to be filed. As soon as you suspect an investigation is underway, contact an experienced sex crimes defense lawyer. An attorney can intervene early, monitor the integrity of the child’s forensic interviews, and prevent investigators from trampling on your rights.
- Exercise Your Right to Remain Silent: If law enforcement officers, detectives, or Child Protective Services (CPS) workers attempt to interview you, politely decline to speak with them until your attorney is present. Anything you say—even statements intended to clear your name—can be misinterpreted or twisted by prosecutors to reinforce their case.
- Do Not Contact the Alleged Victim or Their Family: Absolutely do not attempt to reach out to the child, their parents, or guardians to “straighten things out” or clear up a misunderstanding. Any contact can be viewed as witness intimidation, tampering, or an admission of guilt, which will drastically worsen your legal situation.
- Stay Off Social Media: Avoid posting about the allegations, your relationships, or your case on any social media platforms. Prosecutors heavily scrutinize online activity, and even seemingly innocent posts can be weaponized against you in the court of public opinion and the courtroom.
- Do Not Interfere with the Investigation: Avoid discussing the case with friends, family, or co-workers, as they could be subpoenaed to testify about what you told them. Let your defense team handle all communication and evidence gathering.
FAQs
Are forensic interviews considered definitive proof of a crime?
No. While Houston prosecutors heavily rely on forensic interviews to build and reinforce child sex crime charges, these interviews are not infallible. They are a tool used to gather information from a minor in a structured environment, but if the interview was conducted using biased, leading, or uncertified methods, the validity of the statements can be successfully challenged in court.
Can a child be influenced or coached before a forensic interview?
Yes. Children are highly suggestible and eager to please authority figures or caregivers. If a parent or guardian has a predetermined idea of what happened, they may intentionally or unintentionally “coach” the child before the interview. Additionally, if an untrained interviewer asks focused, leading questions rather than allowing free recall, they can inadvertently plant false memories or influence the child to give a false affirmative answer.
Who is supposed to conduct a forensic interview?
Ideally, these interviews should be conducted by highly trained specialists from recognized organizations—such as the National Children’s Advocacy Center or the American Professional Society on the Abuse of Children—who hold degrees in relevant fields and have extensive experience working with traumatized children. However, in some cases, Houston CPS professionals or local police officers with minimal specialized training conduct these interviews, which significantly increases the risk of investigative bias.
How can a defense lawyer challenge a forensic interview?
A skilled defense attorney will meticulously review the video or audio recording of the forensic interview to look for critical flaws. Your lawyer can challenge the interview by proving that the interviewer asked leading questions, failed to build proper rapport, showed clear bias, or lacked the proper updated certifications. Exposing these procedural failures can create reasonable doubt, potentially leading to reduced charges, dropped charges, or an acquittal.
Contact the Law Offices of Ned Barnett Today
At the Law Offices of Ned Barnett, we know how much is at stake with sex crime allegations. We are here to help you during this challenging time and with our background fighting for the rights of the accused, we know how to handle forensic interviews and what it takes to resolve cases in your favor.
Set up a free and confidential consult by calling (713) 222-6767.