Washington, DC asked in Criminal Law for Maryland

Q: If an alleged child sex abuse victim states nothing happened, can the alleged offender be charged?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Evidence of a crime is evidence of a crime, regardless of the source, and regardless of any contradictory evidence. It is up to the judge or jury hearing the evidence to decide what weight to give to the evidence. So, if there is medical or other evidence that supports a finding of abuse, that may outweigh a child's recollection or belief no abuse occurred. A child's statement may be discounted, in particular given the potential age and lack of awareness that what occurred was "abuse" in the child's mind for their age, or because the child may have suppressed memories due to the psychological trauma, or as the result of coaching or suggestion by the abuser or others. Obviously, the charge is a serious one, with many potential consequences, including jail and registration as a sex offender, so the person accused must retain competent counsel to defend the case.

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