Criminal Defense in Omaha & Lincoln
False accusations of child molestation and rape are increasingly common
in the United States. Police tend to aggressively pursue these allegations,
even when they are based on the thinnest of evidence. An innocent person
accused of a sex crime involving a minor often does not understand the
importance of hiring a criminal defense lawyer until after he or she has
been interrogated and arrested.
The Berry Law Firm provides aggressive defense for innocent persons charged with
sex offenses, including child molestation charges. With offices in Omaha and Lincoln,
our criminal defense lawyers represent clients throughout Nebraska and
in many other states. To make an appointment, call (402) 817-6550 or
contact us online.
False Sexual Assault Charges
The criminal defense bar has learned from several false sexual assault
cases in the 1990s involving day care providers that child sexual assault
investigations can be easily tainted by well-meaning, but poorly trained
members of law enforcement and therapists. The tragic result is that innocent
citizens are convicted of crimes they did not commit.
Law enforcement often fails to obtain a chain of custody of a child’s
memory. The problem is that improper child interview techniques and aggressive
questioning of children can lead to false memories. Contrary to popular
belief, human memories do not record events verbatim like a DVD. Memories
can be influenced by improper leading questions in both children and adults.
However, children are much more susceptible to false memories when those
memories are suggested by a therapist, parent, or other adult. Children
often have source amnesia. In other words, they do not generally remember
where they initially learned information, but they do remember the information.
Unfortunately, many terrified parents and concerned law enforcement officers
press children for answers outside the presence of trained forensic interviewers
and provide information to children, which children may later “remember”
and adopt as their own memories.
Often in child sexual assault allegation cases, there is evidence that
portions of the child’s story are inaccurate, mere fantasy, or just
plain not true. Unfortunately, law enforcement is often selective about
what they believe and what they don’t believe. The problem is that
when unverifiable events are combined with false events, law enforcement
and prosecutors tend to pick and choose what they want to believe even
when parts of the story are patently false. When this happens, innocent
citizens can be charged with horrible crimes.
You Have a Right to Remain Silent
At no time is your right to remain silent more important than when you
are accused of a sex crime. Even innocent statements can be manipulated
by a skilled police interrogator and used as evidence against the subject
of an investigation. In many cases, the admission of key facts establishes
probable cause for arrest even though the defendant denies the crime took place.
False allegations of child molestation can also arise during divorce. These
allegations can be used as a way for the accuser to gain the upper hand
in a child custody dispute. Sadly, in some cases resentful former spouses
have manipulated children or have coached them to provide false evidence
Given the potential consequences— damage to reputation, jail time
registration as a sex offender — anyone accused of committing a sex crime needs to put his or her
case in the hands of an experienced criminal defense attorney as soon
as possible. Early involvement by a skilled and experienced criminal defense
attorney may provide the best opportunity to avoid an arrest, criminal
charges, or a conviction. If you have already been charged, our lawyers
will prepare the strongest possible defense.