Offense: Sexual Assault of a Child
The Allegation: A 16-year-old girl claimed that she had been sexually molested from ages 5-8, named our client as the perpetrator, and described a series of specific actions that she alleged he had done to her, to include taking a bath with her. She vividly recalled that the man had been living with them when her brother was born, and also that she had made an outcry to both her mother and a school counselor about the abuse.
Our Client: He and his wife were out of work, and gratefully accepted this family’s offer to stay in their small, two-bedroom apartment temporarily. His wife would watch the young girl from time to time, but he denied ever being alone with the child. They stayed for approximately two months, but their relationship crumbled under financial pressure, and they both moved out separately.
His Version of the Story: Our client denied ever being responsible for watching the little girl, and stated that because his wife did not work, there was no opportunity for him to be alone with the child. He adamantly denied the allegations.
Our Findings: We reconstructed the timelines involved and determined that the girl’s story was inconsistent with the charges against our client. She alleged a three-year period of abuse, while our client only lived with the family for two months. She alleged that the man was living with them when her brother was born, but our client moved out approximately eight months prior. There was another man who did live with them when her brother was born; it was her uncle, who had faced similar charges back in Ecuador. The police had never even interviewed the two adult witnesses to whom the girl alleged she made an outcry; we did, and both denied any knowledge of the allegations. This case went to trial, where the girl changed her story yet again on the witness stand, and the jury could not make a decision, resulting in a hung jury. The District Attorney’s office subsequently dropped all charges.
