A 23-year-old Golden Gate, Florida man accepted a plea bargain last week for life in prison on one count each of Sexual Battery and Molestation of a Child Younger than 12.
The man was arrested in 2009 after he was accused of inappropriately touching a 9-year-old girl under her underwear on two separate occasions.
The mother of the child supposedly told Collier County deputies that she and her daughter were staying with the man, a family friend, because she relocated to Naples from Miami for work.
According to a Naples News article from 2009, the girl told deputies that on one occasion the man rubbed her chest and her genitals under her clothes. She supposedly went on to mention that the next day the man allegedly forced her to lie down in his room with him while he fondled her, digitally penetrated her, rubbed himself on her thighs and kissed her mouth.
According to reports, a medical exam conducted supposedly yielded results that confirmed how the child was molested.
In any case involving a sexual assault, a medical exam will need to be conducted to determine physical evidence. Testing is done to identify any fluids, DNA, bruising, tearing and any other signs of sexual contact. In many cases a lack of physical evidence is not always convincing to the prosecution because they tend to put too much emphasis on what a child says even if physical evidence is lacking. Any medical exam or psychological exam performed on an alleged victim in a sex crimes case is part of what is called pre-trial discovery. An experienced Sex Crimes Defense Attorney will request these materials in addition to any investigative notes, reports, witness interviews, counseling records and statements to assess the conditions and possible motives surrounding a Child Molestation charge.
It is important to have an independent medical exam done in any case where a child is accusing any type of sexual penetration. It is possible for the State’s medical examiner to produce reports that support abuse, but these findings are not always accurate. Research shows that children can be highly suggestible and in claims of child molestation, there is a thin line between discovering what happened and suggesting what may have happened. Medical experts can disagree about whether an injury, scar or bruise is evidence that actual molestation occurred. More importantly, even if an injury is found to be sexual in nature, it may not be possible to determine when it happened and who caused it.
At Whittel & Melton, our Florida Child Molestation Defense Lawyers work with professionals in child interviewing techniques, child psychologists, memory experts, and medical professionals to help build a solid defense for those accused of Child Molestation. Whether you have been arrested or are under investigation for molestation charges, we can put our expert resources to use to expose inconsistencies and flaws involved with the State’s case.
If you have been arrested on charges of Child Molestation in the Naples area or elsewhere in the state of Florida, contact the Florida Sex Crimes Defense Attorneys at Whittel & Melton online or call our office statewide and toll-free at 1-866-608-5LAW (5529).
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