Few criminal allegations create more fear, urgency, or emotion than those involving crimes against children. These cases move quickly, prosecutors are aggressive, and the social stigma can be devastating—even before the facts are fully examined. But despite how serious the charges may seem, many cases rely on statements that are inconsistent, improperly obtained, or heavily influenced by adults.
At Simmons Wagner, LLP, we defend clients accused of offenses involving minors with a combination of legal precision, discretion, and careful investigation. The key to these cases is understanding how child testimony is gathered—and how easily it can be misinterpreted.
Why Child Testimony Can Be Unreliable
While children deserve protection, they are also highly vulnerable to suggestion. Their memories develop differently than adults’, and their desire to please authority figures can make interviews deeply unreliable.
Child statements may be compromised by:
- Leading questions from investigators or caregivers
- Multiple interviews that unintentionally reshape memories
- Pressure from family members during a custody dispute
- Misunderstood behavior or age-appropriate curiosity
- Coaching—intentional or otherwise—from adults
In many cases, the initial allegation starts as a misunderstanding that quickly escalates once investigators become involved.
How Investigators Gather Child Statements—and Where Errors Happen
Agencies often use forensic interviewers trained to question children in a neutral, non-suggestive manner. But not all interviews meet professional standards, and even small mistakes can taint a child’s statements.
Common problems include:
- Interviewers repeating questions until they get a desired answer
- Using terminology the child doesn’t understand
- Failing to record the entire interview
- Allowing parents or reporting parties to influence context
- Misrepresenting what the child actually said
Your defense attorney will examine every second of every interview to determine whether the child’s statements were influenced, inaccurate, or unreliable.
Physical Evidence Often Doesn’t Match the Allegation
In many crimes-against-children cases, there is no physical evidence whatsoever—or the evidence does not support the accusation. Medical findings are frequently misinterpreted, especially by professionals without specialized training.
Defense strategies may involve:
- Consulting independent pediatric forensic experts
- Challenging medical conclusions that conflict with current science
- Highlighting inconsistencies between statements and physical findings
- Demonstrating timelines that make the allegation impossible
Prosecutors often pursue these cases aggressively even when evidence is weak. A thorough defense can expose the gaps.
Understanding Motive in False Allegations
Though difficult to discuss, false or exaggerated allegations do occur. Common contexts include:
- Contentious divorces or custody battles
- Attempts to gain leverage in family court
- Misinterpretation of innocent interactions
- Children repeating things they heard rather than experienced
A key part of the defense is uncovering the true context behind the accusation.
Protecting Your Rights from the Moment an Allegation Surfaces
These cases often begin before charges are officially filed. A parent, teacher, or medical professional reports a concern, and suddenly law enforcement is at your door asking for statements or access to your home or devices.
Speaking without representation can be devastating to your case.
An attorney at Simmons Wagner, LLP will:
- Intercept investigator contact
- Prepare you for interviews—or advise you not to speak
- Gather evidence early before memories shift
- Ensure your rights are protected throughout the process
Allegations involving children can feel overwhelming, but you do not have to face them alone. If you have been accused—or believe you are under investigation—contact (949) 439-5857 immediately for confidential guidance.