Helping You Understand The Charge Of Aggravated Child Molestation

Aggravated child molestation is an extremely serious charge. It carries a sentence of a minimum of 25 years in jail without the possibility of parole.If a defendant decides to go to trial and loses, he runs the risk of receiving a significantly higher sentence from the judge, possibly life in prison.According to Georgia Law, O.C.G.A. 16-6-4 (2010), in order to prove aggravated child molestation, the state must first prove that a person committed an offense of child molestation and that act physically injured the child or involved an act of sodomy.This is not an easy charge to prove. The state needs a considerable amount of evidence to prove its case.In my experience, I have seen that courts tend to punish the defendant for rejecting plea offers that were made to the defendant before trial and for ultimately forcing the child to testify at trial.

Watching a child testify on the stand is a grueling ordeal to observe by all parties including the defendant, so you have to be tactful. The best practice from a defense standpoint is not to lose, and this is where I come in, so let’s talk. Call my office at
404-988-5809 to schedule a free consultation.

The Law Office of Timothy McCalep has a proven track record of helping families with child molestation cases, ensuring they understand the end result of charges that they are facing. My firm takes cases from the beginning to the end and we have a history of getting cases dismissed.

What Kind Of Evidence Is Used At Trial?

The statements of a fairly consistent child victim can be used at trial. Why do I say fairly consistent? The reason is that just because a child has made some inconsistent statements does not mean that the child is lying. People expect that children do not remember every detail when trying to recall traumatic events of the past.

The child hearsay statute allows statements that the child made to anyone to come directly into a trial. These types of statements would be inadmissible as hearsay in any other type of trial, however in a child molestation trial, it comes in.

Child hearsay statements are made by the child to outcry witnesses such as parents, teachers, church members, police officers, forensic investigators, or to strangers online and on video.

Other types of evidence during an aggravated child molestation case include DNA evidence and the forensic interview.

DNA evidence can be created when there is an immediate outcry and rape kit tests are performed within 72 hours of the alleged incident. However, when a child makes an outcry three or four years after the alleged incident, there usually is no DNA evidence extracted from semen or saliva. In this instance refuting its collection may cast a shadow of a doubt on the case.

When a child makes an outcry, and a proper investigation is done, the child will be subject to a forensic interview with a professional who has been trained to talk with kids and get the truth out of them.

This interview is recorded via video and audio and will be admissible at trial. The interviewer gains the child’s trust by talking about all the things the child likes to do and talk about. The interviewer will not bring up the incidents in question initially.

The professional interview begins with introductions and crayons, books or whatever is most appropriate for the child’s age. A trained interviewer will know what to bring to garner the child’s attention and what questions to ask based on their experience with children.

The interview can be 30 minutes to an hour long. At some point during the interview the interviewer will bring up comments (the outcry) that the child made.

This is when jurors get on the edge of their seats. The perception is that if the child were making things up, then this is the moment that the lies will be detected. It is also a moment when jurors and viewers believe they can determine the truthfulness of the child’s outcry statements.

I am experienced with specific defense strategies which accompany allowing this interview to come into a trial under Georgia’s revised rules of evidence. There are a many arguments and strategies to discredit the forensic interview, including:

  • The experience of the interviewer
  • The manner in which questions were asked by the interviewer
  • Who talked to the child before the interview and possibly coached the child on what to say in the interview
  • Did the guardian (mother/father) talk to the interviewer before the interview

If you have any questions for yourself or for a loved one, do not hesitate to call The Law Office of Timothy McCalep at
404-988-5809, or email us.

We are the leading law firm in sexual misconduct and child molestation cases in greater metropolitan Atlanta and throughout Georgia.

A Wrongfully Charged Defendant Needs An Aggressive Lawyer

I utilize proven defense strategies to get the best possible outcome for your case. Careful case study, pre-trial motions, negotiation along with effective arguments and presentations during the trial to keep witnesses, statements or evidence from coming into a trial can, in some instances, result in a mistrial or a new trial.

By choosing The Law Office of Timothy McCalep, you can be confident that I will fight to get your optimum result.

My team has the experience and knowledge on how to open the door for reasonable doubt, an important factor for an acquittal at trial. Defense strategies include being alert for:

  • Improper bolstering: If the child takes the stand and gives his or her testimony, then no other witness at that trial can get on the stand and testify that they believe the child’s previous testimony at that trial is believable and true. If they do, it is improper bolstering and possible grounds for a mistrial or a new trial.
  • Recanting victim: Is the child who made the outcry and then later changes their mind saying that they made the allegations up. The child indicates their outcry was a lie. While this happens often, it does not mean an automatic dismissal or a win at trial.
  • Motivation to lie: A child can have any motive to lie and it may not be perceptible to anyone. A child who may have been refused permission to go to the mall, to go on dates, or even buying candy can be motivated to take revenge. Children who make up stories do not understand the ramifications that their comments can have on an individual’s life.
  • Witnesses: In cases where there is an allegation of aggravated child molestation, there are no eyewitnesses other than the alleged victim and defendant. People generally want to believe that there is no way a child would lie about an alleged incident.

It is hard for most jurors to believe that the child has the capacity to know about the alleged adult-like acts, unless it actually did occur. A child will often start crying on the stand which causes everyone in the courtroom to empathize with the child and ultimately negatively impacts the defendant.

My competent representation protects your rights and your future if you are facing the charge of aggravated child molestation. Call me for a free consultation on defense arguments and strategies in an aggravated child molestation case at
404-988-5809, or complete my online form.

Were You Denied Bond?

Judges in greater metropolitan Atlanta are reluctant to give bonds right away in child abuse and molestation cases. They are fearful that if the allegations are true, then there is a strong possibility that the defendant may commit the same offense again or flee from court proceedings.

When it comes to obtaining a bond in child molestation cases and getting clients out of jail in Atlanta, The Law Office of Timothy McCalep has high rate of success rate. In some cases, I was even able to get a signature bond for my client, which meant my client did not have to pay any money to get out of jail.