Ask The Lawyer – Pedophiles

Not all sex offenders are Pedophiles. Not all pedophiles are registered sex offenders. Not all sexual offenses are felonies.  A person who performs a sexual act on a child under the age of twelve can be charged with a felony.  The same person who performs the same act on a child who is between the ages of twelve and sixteen maybe charged with a misdemeanor.

What happens to a child who has been molested? Most of the time they do not tell.  They may be ashamed. They may fear the perpetrator’s retribution. The pedophile may be a family member or a friend of the family.  For many reason, a victim of a sex crime may never tell. This is especially true of a child victim.  

If the child tells many times they are not believed.  Sometimes it is worse as  the parents can blame the child. The parents should go to law enforcement or to a child welfare worker. The law requires a teacher, preacher, or counselor to report any sexual abuse.

After the abuse is reported the child is interviewed by law enforcement officers and a social worker from the DHR. The child may also be interviewed and recorded at the Cramer Center. The child’s statement is reviewed to see if it is told with details and in a believable manner.  Also the workers want to know if the child has been coached or has reasons to make up the allegations. The social workers will make a decision as to whether or not the case should be classified as indicated or non indicated. Indicated cases are kept on record so that the pedophile’s name will show up if attempting to adopt a child or applying for a job working with children or volunteering to work with children. If the case goes to trial the workers will be called by the state as witnesses against the sex offender.

The child maybe required to testify before the Grand Jury. The members of the Grand Jury must decided to return a No Bill or an Indictment. If the case is no billed the legal case goes no further. If an indictment is returned then settlement negotiations begin.

When the time comes to decide if the child will continue to take the case to trial, the child has been required to tell the story to strangers about five times.

The sexual offense may have happened over a year before it is time to go to trial.   Many parents and victims do not want their child to go through the added insult of a jury trial. The pedophile’s attorney can use this to an advantage.  The pedophile agrees to plea to a crime that doesn’t require community notification. The child doesn’t have to testify. They offer closure.

This means that the community does not get notification. You may have a pedophile for a best friend. One may be living next door to you or going to church with you.  Pedophiles do not look like monsters. They love children and children love them. Usually they are someone you trust.  You would never believe in a million years that they would sexually abuse a child. That is what a child molester is counting on.