Sex offense trials and their difficulties

Speaking of trials, I have handled them all and numerous times. I have been

doing trials presently for thirty-eights. In fact, I am one of the more prolific trial

attorneys possibly in the State of Florida to date. One type of trial that is exceedingly

difficult to handle are sex offense cases. You might imagine its not to be expected that

a jury is leaning in your direction from the start. No thoughts take place of sympathy as

a defendant sits on trial for these charges. I even have seen jurors outraged in the jury

selection, (voir-dire) process. In fact the presumption of innocence can reasonably be

assumed to have eviscerated at the start of the case no matter how much the defense

attorney make lecture a jury. Lets examine few problems.

First, often a case involves a minor child. The child has been in the home, and

dad is usually the culprit. However, all too often I have faced this scenario wherein mom

will be engaged in a child custody battle, or contemplating one and leverage is sought.

The wife might file a claim of sex abuse even pressuring the child, and the matter takes

off. I had one case I recall where so much pressure had been put on a child by the

mother that the child attempted to hang herself. It is imperative that the attorney show

the battle of the dissolution, or child custody case matter. Pleadings might be

introduced and an examination goes down that path.

Another case, I handled children had befriended a single old man. The neighbor

had discovered an aberrant sexual relationship between two girls and thus the girls’

made allegations of sexual activity. The old man was arrested and a prosecution ensued.

Such evidence in the form of letters between the minor girls was admitted in defense.

Thus, a deep analysis has to transpire regarding motives and origin of the matter.

Further, when we deal with child pornography cases, there frequently is actually a

presentation of data which is played to the jurors. You might imagine the impact of

observing videos on a cell phone of children being forcibly raped or consenting into

sexual acts. Children that are waist high engaging in acts with no limitations. This is

offensive to all, even counsel. The issue surrounding this scenario is that some courts

become too lax in allowing the introduction of such evidence, even ignoring predicates

and allowing witnesses to testify beyond their expertise and legal authority. Such cases

easily lead to appeals and frequent reversals. Appeals that should never have to take

place.

How do cases sometimes end in trials? One, reluctance of the State to negotiate

or even make offers in good faith. Supervisors in the State Attorneys Office might sit

above the trial attorney, and due to the fact, they do not have to try the case demand

that the trial attorney offer thirty, fifty, sixty, years and the like to resolve the case. This

simply invites trials which often stand to be overturned. I even had one case wherein

two girls proclaimed they had engaged with an elderly man sexual intercourse for years.

It was later discovered and medically presented to the State that the alleged victim girls

were still virgins, (hymens still intact); and that the defendant was impotent from cancer.

This case nonetheless made its way to trial! Bad decision? Yes! Poor supervision? Yes!

The State was not fulfilling its obligation to the people and actually prosecuting in bad

faith in this attorney’s opinion. No investigation transpired by the State at all. Such trials

do lend themselves to apparent not guilty verdicts. Zealous prosecutions can take your

case to trial, and thus your trial attorney must be able to stand his ground.

Similarly, I had a young girl declare that her grandfather had been touching her.

Wow! I thought. I was shocked to discover the young girl was even sleeping with

grandpa while visiting his residence on weekends. I recall asking the grown

stepdaughters if this did not surprise them? Their response was equally awakening. I

was advised in a calm and straight manner, “Jeffrey, were Columbian, . . .we all sleep

together. We slept with him when we were as old as thirteen or so.” Explanations have

to be delved into. In that very case, I discovered what the child had done was she was

being dumped at grandpas on weekend. The child had no friends in this RV community.

Grandpa was making the child go to church and admonishing her. She had a history of

searching the internet for pornography and had been disciplined. After having been

disciplined for the same, she fabricated the known excuse not to go to grandpas. An

explanation she knew would anger her mother. “Why don’t you want to go to

grandpa’s?” The child thought of one reason that she never knew would end up getting

grandpa arrested. An excuse she never knew the State might ignore. Her response:

“Grandpa touches me.” After making this declaration, the child refused to extricate

herself from this fabrication. No matter her deposition, again, the State pushed the

matter to trial, with no concern or attention to this logical explanation. As I tell my

clients, “the State is not always so virtuous, nor careful.” Be careful, be concerned, and

get an attorney. These and other issues arise.

Facing such an issue that will surely destroy your life, give me a call. These are

the charges you cannot take lightly or assume the less skilled can handle.

Sincerely,

Jeffrey W. Wiggs, Esq.

307 N. Barrow Ave.

Tavares, Fl. 32778

#0766186

Ph: (352) 253-0100