New Orleans Child Molestation Attorney

In Louisiana, molestation of a juvenile is the commission by anyone over the age 17 of any lewd or lascivious act upon the person or in the presence of any child under the age 17. There must be an age difference of greater than 2 years between the two persons. The law requires that the act be committed with the intention of arousing or gratifying the sexual desires of either person, by the use of force, violence, duress, menace, psychological intimidation, threat of great bodily harm, or by the use of influence by virtue of a position of control or supervision over the juvenile. Molestation is a serious sex crime and a conviction can lead to lengthy prison terms as well as registration as a sex offender.

Accusations of molestation are often the result of mandatory reporting laws. Professionals like teachers, social workers, clergy, or medical staff must report suspicions to law enforcement when a child displays symptoms suggesting sexual abuse. False child molestation reports are common in situations involving custody battles and family disputes.

Defending Child Molestation Charges

A New Orleans defense attorney will closely examine the allegations and start charting a defense.

Potential defenses for the crime of Molestation of a Juvenile in Louisiana is to show ulterior motives for false accusations or that the accused and the juvenile were not alone when the act allegedly occurred.

Establishing an alternative perpetrator is another potential defense that is often employed in child molestation cases. The trauma of child sexual abuse can cause the victim to develop inaccurate memories of the experience. Through expert witnesses such as a trained psychologist, a defense attorney might suggest an alternative abuser or establish enough doubt of the defendant’s guilt to win an acquittal in a jury trial.

Penalties Child Molestation Louisiana

Louisiana has different sentencing guidelines for the crime of molestation of a juvenile which are generally based on the victim’s age and the relationship between the victim and the perpetrator. When the victim is the age of 13 or older, the mandatory minimum sentence is 5 years imprisonment without benefits of probation, suspension of sentence or parole; the mandatory maximum can be up to 40 years depending on the details of the case. When the victim is under the age of 13, the mandatory minimum sentence is 25 years imprisonment without benefits of probation, suspension of sentence or parole; the mandatory maximum can be up to 99 years depending on the details of the case.

New Orleans Attorney

A conviction for molestation of a juvenile in Louisiana can have serious, lifelong consequences for you and your loved ones. New Orleans attorney Elizabeth B. Carpenter can assist you and your family during this stressful time. Contact our New Orleans office to schedule a consultation.