Sex Crimes

March 13, 2015

Teacher Charged with Indecent Solicitation and Attempted Predatory Assault of Teen

by Law Offices of David L. Freidberg, P.C.

A substitute teacher with the Chicago Public Schools was recently arrested and charged with indecent solicitation of a child and intent to commit predatory aggravated sexual assault. The arrest was made after police and the school discovered suggestive texts allegedly sent from the defendant to the former student, a 14-year-old.

Chicago Indecent Solicitation of a Child

Indecent solicitation of a child is committed when an individual age 17 or older knowingly solicits a child to engage in sexual penetration or sexual conduct, with the intent to commit the act, or knowingly discusses sexual conduct or penetration with the intent that the act be committed.

The police in this case have texts allegedly sent by the defendant to the victim requesting a date and asking her to have sex with him. Assuming that police statements regarding the nature of the texts is correct, a defense against this charge would require proving that either the defendant did not send the texts, or that he did not know he was sending them to a minor.

The news is full of stories about teens send elicit text messages to each other, often as a way to harass or bully other students and even adults. Teens also have a history of playing pranks on teachers or trying to get them in trouble for retaliation against a poor grade or some other perceived slight.

Children today grew up with technology and are avid users of all forms of social media, including texting. Thus many of them are adept at hacking into other’s phones, intercepting IP addresses, or even making it look like a text came from a person it did not.

In any case where technology, particularly computers or smartphones, played an essential part in the alleged crime, it is vital to have a forensic expert examine the phone that allegedly sent the texts, the phone that received the texts, and all data associated with the messages to determine if the messages were actually sent by the owner of the phone. This can be traced via IP addresses, date, time and location the messages were sent, even whether the phone was re-routed through a different address. Evidence obtained in a forensic search could show that the messages were sent at a time when the phone was not in the defendant’s possession, from a location he never frequented, or from a different address altogether.

If it can be proven that the defendant did in fact send the texts, then it would be necessary to prove that he knew he was sending them to a minor. Presumably, since he had taught in the girl’s school, he was aware that she was underage. But it is possible that he believed he was sending them to a different person – perhaps he transposed a number, or the student shares a name with an adult in his phone contact list and he didn’t pay close enough attention to the recipient when he inputted the number (it is not uncommon for students and teachers to interact via social media or e-mail, so the idea of him having a student’s cell phone number is not that far off). The student may have mistakenly believed he was soliciting her, or may have realized his error but thought it was funny to play along. Regardless, if it cannot be proven that the defendant knew he was interacting with a minor, then he must be acquitted or the charges dropped.

March 5, 2015

Cook County Jailer Charged with Sexual Misconduct

by Law Offices of David L. Freidberg, P.C.

A female jailer at the Cook County Jail was arrested and charged with felony custodial sexual misconduct recentlyafter an internal investigation allegedly confirmed the jailer had sexual contact with an inmate. The arrest was part of an ongoing operation by the Cook County Sheriff’s Office to uncover corruption and inappropriate conduct at the jail.

Sexual Misconduct with Chicago Inmate

You may be wondering how it is possible that sexual contact between two consenting adults be a criminal offense – and a felony, no less. The answer lies in the fact that the jailer is in a position of authority over the inmate. Much like doctors, psychologists, lawyers, or any other professional in a position of trust and/or authority over another cannot have sexual relations with their patient/client, a prison guard is in a position of authority over all inmates, and the law deems the inmate incapable of granting consent to any type of sexual act.

The defendant is charged with custodial sexual misconduct. A prison guard or other penal system employee commits custodial sexual misconduct if she engages in sexual conduct or sexual penetration with a person in custody. Note that penetration is not necessary to be convicted of custodial sexual misconduct. Any type of sexual conduct – such as touching private parts above or underneath clothing – is considered sexual misconduct.

There are three possible defenses available to a defendant in this situation.

The sexual conduct never happened

The first is that the conduct never happened, and that the victim fabricated evidence. In this situation, the arrest was part of an ongoing investigation by the sheriff’s office looking for corruption within the jail’s ranks. It is unknown if inmates were offered any special privileges or offered reduced jail time if they cooperated with the investigation and/or helped uncover corruption. Any transcripts, recordings or notes of conversations between the victim and other prison officials would need to be examined, and the victim and officials he had contact with interviewed, to determine if he was promised anything in exchange for informing on allegedly corrupt officials. If any such evidence came to light, it would show that the victim had motive to make up a sexual encounter for his own self gain.

The defendant was the victim

The second possible defense is that the defendant was the victim, rather than the one who initiated the sexual conduct that resulted in the charge. If there is any evidence that she was coerced or threatened to engage in sexual conduct with the victim, then the charges would have to be dropped or a verdict of not guilty handed down at trial.

The defendant did not know the victim was an inmate

The third possible defense is if the defendant had no knowledge, and no reason to believe, that the victim was in custody. Evidence that could tend to prove the defendant did not know the victim was an inmate include:

Where the encounter took place (i.e., if he was granted privileges that allowed him to be out of the general population), or
Whether he was wearing a prison-issue uniform during their encounter, or attire that could have made the defendant think he was either another guard or a civilian

If none of these defenses are feasible based on a review of all the evidence, then it may be in the defendant’s best interest to negotiate a plea for a lesser charge.

January 20, 2015

Illinois Governor Signs “Revenge Porn” Law

by Law Offices of David L. Freidberg, P.C.

If you’re on the internet at all these days, you’ve no doubt heard of “revenge porn”. An ex-romantic partner, whether in a fit of jealousy or just a pure desire to get back at you for dumping him, posts private, nude images you had sent him online for all the world to see. Or maybe a current girlfriend, angered that she caught you flirting with another girl, posts naked pictures to her social media account without your consent, in an attempt to ridicule you. Regardless of the motivation behind it, as of January 1, posting such pictures without your partner’s consent is a class 4 felony that could land you in prison.

Illinois Revenge Porn Law

The law, which was proposed by Sen. Michael Hastings of Tinley Park in 2014, prohibits the “non-consensual dissemination of private sexual images”. It is seen by proponents as closing a loophole in the pornography laws, which make it a crime to post nude images on pornographic sites without the subject’s consent. But the law did not criminalize disseminating nude pictures, which were shared privately between two consenting adults, on social media.

Under the law, an individual is prohibited from intentionally sharing an image of a person over the age of 18 if the person is:

Identifiable from the either the image or information displayed in connection with the image, and
Engaged in a sexual act, or whose intimate parts are exposed.

In addition, a reasonable person must have understood that the images were to remain private, and the person sharing the image must have known, or should have known, that the person in the photo did not consent to its being shared.

For purposes of the law, “image” includes any photograph, film, videotape, digital recording or other depiction or portrayal. Although the law was drafted with the idea of the image being shared on social media, posting the photo in public places would constitute a violation of the law. A conviction under the law is a class 4 felony, which carries the possibility of 1 – 3 years in prison.

Defense against Illinois Revenge Porn

Although many consider revenge porn something to laugh at and not that serious – after all, the person voluntarily shared nude photos of herself – conviction under the law is serious. Defending against a charge of revenge porn requires a careful examination of all the evidence, including having a forensic expert examine the all data related to the dissemination of the image, to find the flaws in the prosecution’s case. Evidence that would go against a conviction include:

Unintentional dissemination of the image, for example if a virus caused your phone or computer to share the image via a text or e-mail;
If the phone was in somebody else’s possession when the image was sent;
Whether somebody had hacked in to your phone or computer and sent the image;
If a reasonable person would have believed sharing the images was acceptable, for example if the woman in the picture had those same images on public display in her home, or;
Nobody would have been able to identify the person in the image – for example, his face was blurred or cropped out – but for the fact that he told everybody it was him.

December 12, 2014

Statute of Limitations in Chicago Rape Cases

by Law Offices of David L. Freidberg, P.C.

It’s been a bad couple of weeks for America’s Dad, Bill Cosby. In the past month, at least 20 different women have come forward to say that Mr. Cosby had sexually molested, drugged and/or sexually assaulted them in incidents dating back as far as the 1970s. Just this week the Los Angeles Police Department met with one accuser, who claims Cosby sexually assaulted her when she was just 15 years old.

Can Charges be filed in Decades Old Chicago Rape Case?

The alleged sexual assaults in the Cosby case happened decades ago and, if true, the majority went unreported. If a Chicago resident were to claim she was sexually assaulted 15 years ago, is it possible for criminal charges to be filed against the accused?

Illinois law imposes statutes of limitations on all crimes except murder. Statutes of limitations are time limits imposed on the prosecution, requiring him to file charges against the accused within a stated time period. If charges are not filed within the specified time period, they can never be filed.

Statutes of limitations vary among crimes (they are also different for claims filed in civil court, so when looking up statutes of limitations make sure you are reading the criminal code). For the crime of sexual assault, the prosecution must file charges within 10 years of the commission of the offense, provided the victim reported it to the police within three years of its occurrence.

For example, imagine a woman who was raped on March 20, 1995. If she reports the rape to the police any time on or before March 20, 1998, the prosecution has until March 20, 2005 to bring charges against the alleged perpetrator. If, however, the woman reports the rape to police on March 31, 1998, the prosecution cannot file charges, because the law required her to have reported the rape within three years of its occurrence.

If the alleged sexual assault occurred when the victim was under 18 years of age, the prosecution has 20 years from the date the victim turns 18 to file charges. So, if a child was raped July 7, 1975 at the age of 8, the prosecution has until July 7, 2005 to file charges against the accused. If the charge was for misdemeanor criminal sexual abuse, the prosecution has 10 years from the date the victim turns 18 to bring charges.

So depending on when the woman reported the sexual assault and her age when it happened, it is possible for charges to be brought for a sexual assault that occurred a decade, possibly even three decades, ago. However, the likelihood of success in such an old case is slim. Witness memory fades and, without physical evidence, such as a rape kit or other DNA evidence, the case would be nothing more than he said-she said, which is difficult to prove over such a long period of time.

November 12, 2014

Chicago Men Charged with Sexual Assault of Escorts

by Law Offices of David L. Freidberg, P.C.

Two Chicago men have been charged with unlawful restraint, aggravated assault, aggravated robbery and aggravated criminal sexual assault with a weapon for allegedly luring escorts to vacant office buildings in an attempt to rape and rob them.

Sexual Assault of Escorts

Upon first hearing of this case, many people might think, “How could these women have been raped, when they were hired for sex?” (Although not all escorts provide sex to their clients, for this post we will assume these women intended to do just that).

In a prior post I discussed a similar case involving a McHenry County man convicted of raping prostitutes he connected with via Craigslist. So although these women went to the building with the intention of having sex with the defendants, under the law they may withdraw their consent at any time.

Whether consent was granted or withdrawn is difficult to prove in sexual assault cases, and always comes down to a he said-she said argument. It is particularly difficult to prove lack of consent in cases involve sex workers, since sex was the whole motivation for the defendant and alleged victim to meet. In these cases, the best defense would be to provide evidence showing that the alleged victims only claimed lack of consent because the encounter did not go as planned.

Assault of Chicago Escorts: Business Deal Gone Wrong

Encounters with prostitutes or escorts are a business deal, so the strongest defense (assuming forensic evidence proves that sexual intercourse took place) is to provide evidence of a business deal gone wrong, and the alleged victims fabricated or exaggerated the events in retaliation.

Like any business deal, the women likely quoted the defendants a price for their services. Upon arriving at the building and completing the transaction as planned, the defendants may not have been able to pay the quoted price. Or they may not have ever intended to pay. In either event, this would not constitute sexual assault – instead, it would be theft of services. However, a sex worker would not be able to press charges for such a crime, since prostitution itself is a crime. Their only recourse, then, would be to fabricate a claim of sexual assault, as well as all other charges as retaliation.

It is important in sexual assault cases which rest on consent, or lack thereof, to examine all of the evidence – forensic and eyewitness – as well as the circumstances that led to the meeting and details regarding the sexual intercourse, to determine whether it can be used to prove or disprove consent.

Defense in Case Involving Multiple Defendants

In cases involving multiple defendants, if the facts tend to show that a guilty verdict is likely, an experienced criminal defense attorney will work with his client and the prosecution to obtain a lesser sentence or to have charges reduced in exchange for cooperating with the prosecution.

In cases involving multiple defendants, it may be that one defendant instigated the crime, or that one did not actively participate, but was only an accomplice or unwilling participant. In these cases, the prosecution may be willing to cut a deal in exchange for testimony to convict the co-defendant. This is an especially attractive proposition to the prosecution in cases where lack of consent may be difficult to prove, such as in the case of a sex worker where the jury may believe she could not be raped since she sells sex for a living.

David L. Freidberg has worked with many Chicago prosecutors throughout his almost 20-year career to successfully negotiate a plea deal for his clients that save them substantial prison time. He will put these negotiation skills to work for you. Continue reading

November 7, 2014

Chicago Man Charged with Murder While Out on Bond for Sexual Assault

by Law Offices of David L. Freidberg, P.C.

A Chicago man out on bond for a sexual assault charge was arrested recently for an unrelated murder. The defendant, who is accused of raping three girls last year along with eight other men, allegedly shot two men on Chicago’s west side; one of the men died at the scene, while the other suffered a gunshot wound to the arm.

Chicago Defense of Unrelated Crimes

This case is a criminal defense attorney’s nightmare – a client, out on bond, gets arrested for committing a second crime. And in this case, the second charge is worse than the first. But it does raise a variety of possible defense tactics, whether it is the same attorney representing the defendant on both charges, or if the defendant has one attorney for the sexual assault charge and one for the murder charge.

Of course, the typical defense against both crimes would be present here. Defense against the sexual assault charge would include:

Mistaken identity;
Lack of DNA evidence tying the defendant to the sexual assault;
Consensual sex, if DNA evidence is present;
The defendant was forced to participate in the sexual assault by the other participants, under threat of great bodily harm (committing a crime to prevent injury is not a true defense, but may result in a lesser sentence due to mitigating circumstances), or;
The victims fabricated the story in retaliation for some unknown slight, or because they were later embarrassed to have consented to sex group sex.

Defense against the murder charge would include:

Mistaken identity;
The defendant was not the one who fired the gun (this would require ballistics analysis by a team of forensic experts); or
The defendant fired in self-defense (if it can be proven he was the one who fired the gun).

But, assuming the prosecution has enough evidence to take both cases to trial, the two pending cases give the criminal defense attorney leverage in negotiations to enter into a plea agreement or to have the charges reduced.

The defendant is one of nine men allegedly involved in the 2013 rape of three women. In a gang rape, it is likely that one of the men was the ring leader; there may be one or more men who have committed prior sexual assaults that the police have not linked them too. If the defendant can help the prosecution bolster its case against other men involved in the rape, or if he has knowledge of any unsolved sexual assaults any of the defendants may have been involved in, the defense attorney may be able to strike a deal with the prosecution for a reduced sentence or a reduction in charges in either the murder case, sexual assault case, or both.

Likewise, the criminal defense attorney can leverage the defendant’s testimony in the murder case to seek a reduced sentence in either the sexual assault case, the murder case, or both. If the co-defendant in the murder case was actually the one who pulled the trigger, and the defendant is willing to testify to that, thus allowing the prosecution to gain a conviction on heightened charges, the prosecution may be willing to strike a deal.

It is always the goal of any criminal defense attorney to achieve an outright dismissal of charges, or to obtain an acquittal in court, for his client. But when the evidence shows that the defendant is likely to be convicted, an experienced criminal defense attorney knows when to use any leverage available to help his client win a reduction in charges or a reduced sentence.

October 27, 2014

Cook County Man Whose Rape Conviction Overturned Denied Innocence Certificate

by Law Offices of David L. Freidberg, P.C.

In 1983, a Cook County jury convicted Stanley Wrice of rape and deviant sexual assault and sentenced him to 100 years in prison. Through the years Wrice claimed his innocence, saying that his confession was the result of police torture at the hands of detectives working under the command of former Police Commander John Burge, who has since been convicted on charges of abuse, perjury and obstruction of justice.

Wrice was released from prison in December 2013, after a judge threw out his conviction, finding that his confession had been the result of torture. Wrice had spent 31 years in prison.

Last week, a Cook County judge denied his request for an innocence certificate, ruling that Wrice had failed to prove his innocence by a preponderance of the evidence.

Proving Innocence of Chicago Crime

How could Wrice have had his conviction overturned due to a coerced confession, but be denied an innocence certificate? Because of the difference between actual innocence and innocence in the eyes of the law.

Dismissal of one piece of evidence does not necessarily mean acquittal. The court must determine whether there is a likelihood that, even with the evidence that was tossed out, the remaining evidence against the defendant supports the guilty verdict. If so, the conviction must stand.

That is what happened in Wrice’s case. There is no dispute that he was tortured at the hands of the police, or that his statement was made under duress as a result of that torture. But the court found that, even with the lack of a confession, there remained sufficient evidence of his guilt to deny issuance of the innocence certificate. That evidence included, strong circumstantial evidence, eyewitness testimony, and physical evidence recovered at the scene. The court’s ruling also stated that Wrice’s testimony that he was present in the house during the rape but had no idea what was going on defied common sense.

So despite the fact that Wrice’s conviction was tossed out in December based on the coerced confession, the court denied the innocence certificate, finding that he had failed to prove his innocence beyond a preponderance of the evidence.

Actual Innocence vs. Not Guilty

This case highlights the difference between actual innocence and a not guilty verdict. A defendant who is “actually innocent” is just that – innocent of the crime as charged. Whether it was a false accusation, a case of mistaken identity or police corruption, the defendant was arrested, charged and convicted for a crime he did not commit.

But “innocent in the eyes of the law” is different. A defendant can be found not guilty at trial, but that does not necessarily mean he is actually innocent of the crime as charged. A “not guilty” verdict in court does not mean that the court finds the defendant innocent. Instead, it means that the prosecution failed to meets its burden in proving that the defendant is guilty beyond a reasonable doubt. And the judge in this case ruled that even without the confession, there was sufficient evidence to support the defendant’s guilt. Continue reading

September 26, 2014

Sex Abuse Conviction Overturned Due to Inadmissible Evidence

by Law Offices of David L. Freidberg, P.C.

An Illinois Court of Appeals reversed the conviction of an Illinois man on charges of criminal sexual abuse, finding that evidence of other sex crimes allegedly perpetrated by the defendant was inadmissible. Without that evidence, there was an insufficient basis for upholding the conviction.

People v. Puccini

The defendant, Leonard Puccini, was charged with criminal sexual abuse after allegedly spanking the bare bottom of a 12-year-old boy for his own sexual gratification. At trial, the court admitted evidence in the form of witness testimony from two older boys (now adults), both of whom alleged that Puccini sexually abused them in the 1990s (though he had not pulled their pants down and spanked them).

Illinois law allows evidence of prior charges or accusations of criminal sexual abuse to be admitted at trial to show the defendant’s propensity for committing sex crimes. Evidence of other alleged bad acts is admissible only if the probative value of the evidence – meaning that the evidence will assist the jury in its determination – outweighs any potentially negative effect. The fear is that evidence of prior bad acts will sway the jury to render a guilty verdict based not on the evidence in the case, but because it paints a picture of the defendant as an overall bad person. Just because a defendant committed a prior similar act does not mean he committed the act for which he is currently charged, which is why the court must carefully consider whether the evidence will unfairly sway the jury to find the defendant guilty.

When weighing the probative value of evidence, the court must consider:

The proximity in time to the charged offense;
The degree of similarity to the charged offense; and
Other relevant facts and circumstances.

On appeal, Puccini’s attorney argued that the negative effect of the two witnesses’ testimony outweighed any potential benefit. No charges were brought against Puccini for the prior alleged crimes, and they allegedly occurred almost 20 years prior. In addition, the acts were not similar. The witnesses testified that, following the abuse, which allegedly involved Puccini touching their private parts, he then masturbated, thus fulfilling the “for his own sexual gratification” element of sexual abuse.

The testimony of the young boy in the present case was inconsistent on whether Puccini masturbated following the spanking. Statements he made to the police differed from what he said at trial, and his testimony that Puccini went into another room to sexually gratify himself after the spanking was not credible. The boy testified he only heard “tapping noises” in another room, and although he initially told police he thought Puccini had an erection, he admitted that he never turned around to look at Puccini after the spanking.

The Appellate Court noted that the trial court, in rendering its decision, relied solely on the testimony of the two adult males in determining Puccini’s actions were for his own sexual gratification. Yet the earlier crimes, if committed, were worse than the crime for which Puccini was currently on trial, causing the Appellate Court to rule that the prejudicial effect of the witnesses’ testimony outweighed any probative value.

Without the testimony of the two witnesses, the Appellate Court found that there was not enough evidence to support Puccini’s conviction. In this instance, the defendant cannot be retried – double jeopardy prohibits a defendant from being tried again in order for the prosecution to provide evidence it failed to produce in the first trial. Continue reading

September 24, 2014

Sexual Assault: It Happens to Men, Too

by Law Offices of David L. Freidberg, P.C.

A Chicago woman was arrested for her role in the alleged sexual assault of a Chicago man at gunpoint. The defendant and her friend picked up the man in their car as he walked down a Chicago street and proceeded to assault him.

Male Rape Victims

Sexual assault of a man can – and does – happen. Rape is traditionally an underreported crime, even more so for men than women. But the most recent statistics indicate that 38 percent of sexual assaults occur against men by women. Other studies estimate that 1 in 10 adult males will be the victim of a sexual assault.

The word “rape” typically elicits an image of a man forcing a woman to engage in unwanted sexual intercourse. But Illinois sexual assault laws are gender neutral. Criminal sexual assault requires penetration by any object. If the woman causes the male to penetrate her, whether forcibly or through threat of force (for example, at gunpoint, which was alleged in this case), or if she uses any object to penetrate his anus (including fingers), that constitutes penetration under the law.

Criminal sexual abuse requires an act of sexual conduct by force or threat of force (again, at gunpoint would qualify). “Sexual conduct” includes touching of sexual parts. In this case, forcing the alleged victim to fondle the woman’s breasts constitutes an act of sexual conduct that could result in a charge of sexual abuse.

Defense Against Sexual Assault

Defending a charge of sexual assault against a male is no different than defending a charge of sexual assault against a female. In the above case, as in the majority of sexual assault cases, there were no eyewitnesses other than the three parties involved. Therefore, the case comes down to “he said-she said.”

Some sexual assault claims are fabricated in an attempt to retaliate against the alleged offender for some perceived transgression, or else stem from a sense of regret that the sexual conduct occurred. This is especially true in cases that begin consensually. In such cases, a careful review of the circumstances leading up to the alleged crime is necessary to determine whether the crime was fabricated as an attempt to save face, or to retaliate against the alleged perpetrator.

In the case mentioned above, where the victim willingly entered the defendant’s vehicle, it is possible the man originally intended to purchase sex. An investigation into his criminal background could reveal prior arrests and/or charges of solicitation or attempted solicitation. This, in turn, could support a defense that, after the parties engaged in consensual sex, the defendant committed an attempted robbery, and the man retaliated by filing the sexual assault claim. Continue reading

September 11, 2014

Was Chicago Police Officer Falsely Charged with Child Sexual Abuse?

by Law Offices of David L. Freidberg, P.C.

A Chicago police sergeant was relieved of his duties after being charged with one count each of predatory criminal sexual assault and aggravated criminal sexual abuse of a 9-year-old girl. The alleged victim is the daughter of the sergeant’s co-worker, and defense attorneys claim that the nature of the relationship between the accused and the alleged victim’s mother will make clear why allegations were made.

False Allegations of Child Sex Abuse

The defendant’s attorneys have not yet elaborated on the nature of their client’s relationship with the victim’s mother. We can assume, however, that the defense will attempt to prove that she is, in some way, a jilted lover – that the two either had a prior romantic relationship that the defendant ended, or that he previously rebuffed her advances – or a disgruntled employee, and is retaliating with false allegations of sexual abuse.

It may seem impossible that anyone would make false allegations of sexual assault as retaliation. Punishments for a sexual assault conviction are serious, involving lengthy prison sentences and sex offender registration requirements. Even the charges themselves, whether they are ultimately dropped or if the case ends in acquittal, carry a stigma that can forever damage the accused’s professional and personal reputation. Somebody would have to carry a huge grudge to falsely accuse another person of sexual assault.

Unfortunately, false allegations of sexual assault are not uncommon. They arise far too frequently in hotly contested child custody cases, as a way to ensure that custody is not awarded to the father. If the child is young, she is susceptible to being coached or having false memories of abuse planted. They will often repeat the false story because they want to please the mother (or whichever party is coaching them).

In a case of false allegations, there are two victims – the accused, and the child who is put in the middle. In these cases, the defense attorney must walk a fine line between zealously defending his client and not causing further harm to the child. In this particular case, there are two children who may have been coached – the alleged victim and her brother, who was the first to witness the alleged abuse and notify his mother.

In cases such as these, where there appears to be some type of bad blood between the accused and the child victim’s parent, it is imperative for the defense attorney to not only have a clear understanding of the relationship between the two adults, but to also explore the mother’s background to determine whether there is a pattern of false allegations of any kind against former lovers or co-workers.

An independent evaluation of the alleged victim by a child psychologist trained in treating not only victims of child sexual abuse, but also those who have been coached to make false allegations, is also vital, especially if the statement the alleged victim made to the authorities was done so in the presence of her mother. A review of the victim’s statement to police, along with a viewing of any tape recording made of the interview, is also necessary, in order to see if the mother was present and coached the child in any way.