Our client, a 52-year-old professional man residing near Columbus, Ohio, was accused by his 13-year-old stepdaughter of molesting her numerous times over the past several years, first when she was in the 5th and 6th grade and under the age of 13, and several times thereafter when she was in 7th grade, after she had turned 13.
The sole evidence against our client was the testimony of the stepdaughter. There was no physical evidence supporting the rape allegations. After a lengthy investigation by children’s services and Columbus area law enforcement, our client was indicted and charged with 3 counts of child rape, each carrying a sentence of life imprisonment, and 4 additional counts of sexual battery, each carrying a potential sentences of 5 years imprisonment.
The allegations were made shortly after our client had informed his wife he wanted a divorce. Our law firm’s investigation into the life of the stepdaughter showed that the turbulent family situation between her mother and stepfather was causing her problems both at school and home. Our defense theory was that the stepdaughter made up these allegations in order to do her mother’s bidding in the impending divorce.
Our review of transcripts and recordings of the stepdaughter’s interview raised deep concerns about the way she was questioned both by children’s services, and then by law enforcement.
As a result of these concerns, our Columbus attorneys hired a leading forensic expert in child interview techniques. Our expert concluded that the techniques used by children’s services violated fundamental principles established by the National Institute of Child Health and Human Development (the “NICHD protocol”), and did so in a way that raised significant questions about the truthfulness of the child’s statement.
After significant motion practice directed to raise even more questions about the truth of the stepdaughter’s accusations, the State dismissed all charges.
Our client is now a free man.
If you, a relative, or friend, has been accused of, or is under investigation for, any child sex crime, please call one of our experienced Columbus attorneys for a free initial consultation.Related Posts