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Theme of the Case
The theme of a case can vary but one constant remains the same. If there is no physical evidence, then even if the jury believes the complaining witness, if the jury finds the defendant to be credible or they are not sure whether to believe the defendant, the state has not proven their case beyond a reasonable doubt. Calling the complainant or child a liar is dangerous. The defense attorney needs to find reasons why the child is mistaken or why the child has been programmed to say that the abuse occurred. Normally, there is some hostility toward the person being charged. We need to try and figure out who is angry at the defendant and why. This will normally give an indication as to how the allegations came about. Each case is different and is not our responsibility to figure out why the allegations are false, but a jury will want a good explanation before they find someone not guilty of a sex crime.
The lawyer should incorporate his theme or themes during the process of picking a jury. Jury selection can provide good ideas on what question to ask the child witness. The jurors experiences and feelings about whether children can and do lie and how an adult can cause a child to falsely accuse a person of an act should be used by the defense attorney to frame the theme of the case.
Jurors want to know why a child would lie about sexual abuse. How does a child knows about sex if she or he has not been abused? Why would a child make the story up?
For a free initial consultation with a Houston sex crime defense attorney, call the Law Office of David A. Breston at 888-220-4040 or contact us online.