Our client was falsely accused of molesting his 8-year-old daughter and was indicted in DeKalb County Superior Court. It was initially believed that the young girl may have been coached by her mother to make the allegations due to a bitter divorce that stemmed from our client’s infidelity. Unfortunately, after reviewing the evidence in the case, it became clear that it was quite likely that the girl was, in fact, molested but by someone other than our client. Even more troubling was the fact that we believed the evidence showed that the person who molested her was her 14-year-old brother.
We detected several subtle slip-ups by the girl during her initial outcry and in her forensic interview that seemed to implicate her brother in the crime. The girl and the brother also made obvious misrepresentations to the police which further suggested that something was being covered up. The prosecution was convinced that the girl was molested by the father largely due to her compelling account in the forensic interview where she recited details of sexual acts that were consistent with a child that had been abused. What the prosecution ignored was the fact that the manner in which she claimed she was molested by her father was inconsistent with the rest of the evidence in the case.
At trial, the State called two experts who testified that the child’s statements were reliable and that it did not appear that she was molested by someone other than her father. We countered that with our own expert who explained the concept of perpetrator substitution and the circumstances under which it can happen. Ultimately, the jury believed our theory of the case and voted 11-1 to acquit our client. Following the trial, the DA’s office dismissed all charges against our client.