Abstract
In response to the letter of Alphonso Lopez Esq. of December 14th 2012 regarding my article from the perspective of a criminal defence attorney:
All of us that work in the field of child sexual abuse have the same goal-to have a level playing field to obtain justice, protect children, convict those that have committed sexual abuse crimes, and convict them of the crimes they actually committed. Mr Lopez's statement that in California the penalties for molestation and penetration are significantly different highlights the importance of defining what actually occurred with accuracy.
Mr Lopez relates that a major issue in these cases is evaluating witness credibility, especially when the prosecution's case rests on the believability of the complaining child witness. Determining credibility is an ongoing problem faced by both defense and prosecuting attorneys when dealing with adjudication of child abuse cases.
Mr Lopez states that it is not uncommon for children to make false allegations of rape or molestation for many reasons which are frequently related to family dynamics. In addition, as stated by Dr Heger, 1 sometimes children describe being penetrated without any understanding of what that means.
The actual medical evaluation of possible physical findings from sexual assault is of paramount importance. The analysis of the physical findings of an event of sexual assault by a nurse examiner or physician should be straightforward and accurate. The evaluation of this information by a defense expert should be much easier now with the excellent photographic methods available to document any findings.
The two factors that will allow the trier of fact to make a just decision are: 1) an accurate history of the events; and 2) an accurate assessment of the physical findings. These two factors must correlate with each other and adhere to established standards for evaluation.
Mr Lopez's comments correctly point out the value of accurately assessing physical findings from a defense attorney's perspective and the necessity of ensuring that the two critical factors are given their proper place in the process of establishing a common baseline for evaluating child sexual abuse.