Child Molestation Defense
Defending Against Child Molestation Accusations in Washington
Few experiences in life are as terrifying as being accused of molesting a child. And few are as threatening to your freedom, livelihood, and family. A person accused of child molestation should immediately look for an attorney with the experience and skill to defend them against such a claim.
People tend to believe children when they allege molestation, even though children can and do fabricate and exaggerate. It can be a real challenge for defense attorneys to help juries and judges overcome their initial reaction and see why a child might not tell the truth about something this serious.
A child molestation charge carries a tremendous stigma. At Marshall & Saunders, we understand that even false allegations could cause society, and sometimes your family and friends, to scorn you.
No matter the evidence against you, we don't judge. We’re on your side.
What Qualifies as Child Molestation
Essence of Child Abuse False Accusations
Anyone who spends time with children is at risk of a child molestation accusation. This includes parents and other family members, as well as teachers, daycare workers, pastors, coaches, scout leaders, health care providers, and even neighbors.
The risk of a wrongful conviction is significant in child molestation cases. Often, there's limited evidence beyond the child's statements and any admissions by the accused. Our experience has revealed various reasons for false accusations, including:
- Improper influence during custody disputes
- Mental health issues
- Misunderstandings
Child Molestation Law in Washington
In Washington State, sex crimes against children generally fall into one of two categories: rape of a child or child molestation. Both crimes are classified in three degrees, depending on the child’s age.
Child molestation occurs when someone has, or knowingly causes another person to have, sexual contact with a person younger than sixteen. “Sexual contact” means the touching of any of a person’s intimate parts for the purpose of gratifying the sexual desire of either party or a third party.
The three degrees of child molestation are as follows:
- First-degree child molestation: The child is less than twelve years old, and the perpetrator is at least three years older than the child.
- Second-degree child molestation: The child is at least twelve years old but less than fourteen years old, and the perpetrator is at least three years older than the child.
- Third-degree child molestation: The child is at least fourteen but less than sixteen years old and not married to the perpetrator, and the perpetrator is at least four years older than the child.
In Washington, first-degree child molestation is a Class A felony, while second- and third-degree child molestation are Class B and C felonies, respectively.
Penalties for Child Molestation
Maximum penalties:
- First degree: Up to life in prison and $50,000 fine
- Second degree: Up to 10 years in prison and $20,000 fine
- Third degree: Up to 5 years in prison and $10,000 fine
Likely penalties:
Most offenders don't receive the maximum penalty. Some may be eligible for the Special Sex Offender Sentencing Alternative (SSOSA), typically including about a year in jail.
Those not receiving SSOSA usually get a sentence within the standard range based on:
- Number of counts
- Seriousness level of the charges
- Offender's criminal history
For example, with no prior record:
- First degree (1 count): 51-68 months in prison
- Third degree (1 count): 6-12 months in prison
Penalties may increase if aggravating factors are proven.
Consequences of Child Molestation Convictions
Child molestation convictions can have other life-changing consequences. After serving their sentence, offenders go into "community custody," which is akin to parole, for years or potentially even for life.
Community custody restricts travel, prohibits being near places where children congregate, and often requires periodic polygraph tests. All child molestation convicts must also register with the county as a sex offender, potentially leading to public awareness and stigma.
Challenges in Defending Against Child Molestation Charges
With so much on the line, it’s essential to mount a strategic and vigorous defense against allegations of child molestation.
For decades, Marshall & Saunders has focused on child molestation and other sex abuse cases. While no two cases are alike, we take the same approach to working with most clients.
Under Washington law, the defense attorney is permitted to interview the child making the complaint. Because of our skill in interviewing children, this interview is often where our attorneys win cases.
Interviewing children is not like interviewing adults. Many of the skills that make an attorney a great investigative interviewer of adults are useless with young children. A different set of skills is required. From deep experience in child abuse cases, we have the essential skills.
Responding to What the Child Says During the Police Investigation
Most child molestation charges arise when a child tells someone — often a friend, parent, teacher, or neighbor — that they’ve been abused.
The initial report typically leads to a police investigation, and in Washington, that usually includes an interview by someone with special training in interviewing children. Child interviewers throughout the state are supposed to follow the interview guide developed at Harborview Medical Center in Seattle.
However, interviewing children is often challenging, even for persons trained to do it. All interviewers suffer from what psychologists call “confirmation bias,” the natural tendency to look for information that supports a proposition (such as that a child has been molested) and to overlook information that contradicts it.
This means that the child interviewers employed by the police are unavoidably biased against the accused. Even the best-intentioned interviewers can introduce or suggest ideas that the child may adopt and report as things that have actually happened.
The seasoned attorneys at Marshall & Saunders know the techniques the prosecution's interviewers are supposed to use when interviewing children. When they don't use them, we notice. We also work closely with leading experts in forensic interviewing and psychology to spot instances of suggestion or leading, as well as evidence of false memories.
Word from a Former Client
David will turn over every rock... to defend your rights and reputation. He receives respect from prosecutors, and Judges, throughout Washington State. This will help put you in a better position for negotiations, whether you are guilty or innocent of the charges. Because of the quality work David put into my case, I was able to negotiate reduced charges and completed my jail sentence in 6 months. I chose not to risk trial, and was able to continue my life with my family and friends. If you have found yourself accused of child abuse, I highly recommend you contact Mr. Marshall.
Accused of Child Molestation? We Understand.
Facing allegations of child molestation can be overwhelming. We are here to listen, understand your situation, and build a strong defense tailored to your individual needs. Our team offers compassionate support and aggressive legal representation. Let us help you navigate this challenging time.
You'll Be Defended by Child Sex Abuse Defense Specialists
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David S. Marshall
Attorney- Focused on defending individuals accused of sex crimes, child abuse, and domestic violence for more than 25 years
- Lectures other attorneys on trial advocacy techniques
- Sought out by accused individuals up and down the West Coast
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Joshua R. Saunders
Attorney | Of Counsel- Impressive record of trial victories, including acquittals in cases of child molestation, child abuse, domestic violence, manslaughter, and others
- Over a decade of experience as a supervisor for other attorneys in public defense
- Has handled over 3,000 cases as a criminal defense lawyer
Our Defense Process
When you choose Marshall & Saunders to defend you against child molestation charges, you’re getting a capable team dedicated to executing a meticulous, multi-phased defense strategy tailored to your circumstances. Here's what you can expect:
Compassionate ConsultationWe'll listen to your story with empathy and understanding. We'll take the time to thoroughly discuss the details of your case, your fears and concerns, and your goals for the outcome.
Thorough InvestigationOur team will rigorously investigate, examining evidence, interviewing witnesses, identifying inconsistencies, seeking supporting records, and engaging experts.
Strategic Case BuildingWe'll build a compelling defense strategy, analyzing accuser statements, gathering expert testimony, and anticipating prosecution tactics.
Skilled Courtroom AdvocacyIf your case goes to trial, our renowned attorneys will present robust defenses, highlighting prosecution weaknesses and conveying your story persuasively.
Unwavering SupportWe'll provide constant support and relentless advocacy, defending your rights and offering emotional guidance during this crisis.
Why Choose Marshall & Saunders?
There are many good reasons to entrust your case to the veteran legal professionals at Marshall & Saunders. Here are just a few:
- Judgment-free, client-centered approach
- Unparalleled experience in child molestation defense
- Teamwork — we collaborate because no one attorney has all the good ideas
- Diligent investigation and preparation
- Exceptional skills with proven results
We’re prepared to fight for you.
Get the Defense You Deserve
If you or a loved one is facing accusations related to child molestation, time is of the essence. Reach out to Marshall & Saunders today to speak with a qualified attorney. Together, we'll develop a comprehensive defense strategy tailored to your situation and fight to protect your rights, reputation, and freedom.
Call us today at (206) 826-1400 to schedule a consultation.
901 Fifth Avenue, Suite 2800
Seattle, Washington 98164
You will receive a response from us within 1 - 2 business days.
Frequently Asked Questions About Defending Child Molestation Charges
What if the accused doesn't have significant assets in a civil child sex abuse case?
In civil child molestation cases, judgments can sometimes be large, especially when the abuse was severe or occurred multiple times. If the defendant lacks the financial resources to pay a full judgment, they may be able to protect some assets. Washington law offers a homestead exemption, allowing a defendant to retain up to $125,000 in home equity. Often, negotiating a settlement can help preserve more assets, as it avoids the time, expense, and uncertainty of a trial. Additionally, plaintiffs may include institutions, like schools or churches, in the case to seek larger financial resources for damages.
Does it matter which child sex abuse case (criminal or civil) is handled first?
When facing both criminal and civil child molestation cases, the order in which the cases are handled can be critical. Criminal cases offer certain protections, such as the Fifth Amendment privilege against self-incrimination, which allows defendants to remain silent without fearing that the jury will infer guilt. However, in civil cases, invoking this right can lead to inferences that may harm the defendant’s position. Washington law allows civil cases to be "stayed" (paused) until a criminal case is resolved, but this is often decided by the judge based on various factors, including the potential for criminal charges.
How do you build a defense for a sexual assault case?
Building a defense for a child molestation case begins by analyzing the accusations and constructing a theory that explains why the allegations may not be true. The prosecution will argue that the abuse occurred, but the defense must provide a plausible alternative explanation. We conduct thorough investigations, interview witnesses, and gather relevant evidence to test different defense theories. The goal is to present the most persuasive theory that casts doubt on the prosecution's narrative and convinces the jury to acquit.
What is the role of the defense attorney in my case if I claim to be innocent?
As your defense attorney, we don’t question your innocence; we accept it and focus on defending you vigorously. Our job is to investigate the case, challenge the prosecution's evidence, and present your side in the most compelling way. We aim to ensure that the jury sees the facts from your perspective, and that the outcome of the case reflects a fair and just process.
How does the jury selection process work in child molestation or child rape cases?
In child molestation cases, jury selection is a key phase of trial preparation. Our goal is to identify jurors who can set aside any personal biases and focus solely on the evidence presented. We use strategies to encourage potential jurors to be candid about any biases, ensuring only those who can be fair and impartial are selected to hear the case.