Polygraph Examinations In South Carolina Child Sex Abuse Cases

Author: James R. Snell, Jr.

Defending a client charged with a South Carolina child sex abuse charge is one of the more difficult challenges for South Carolina Criminal Defense Lawyers. Unlike many other crimes, child sex abuse cases are routinely brought by the police with only minimal or no evidence. Frequently these cases are brought on nothing more than the simple allegations of the purported child victim. There may not be any corroborating physical evidence and the child could have waited months or years after the alleged incident to first make a complaint. All to often the catalyst for the allegation can be a pending divorce or other disagreement involving one or more of the parents.

Because sexually abuse cases are so often brought without corroborating evidence, even good police and prosecutors are not often times willing to drop or dismiss the charges outright. A defendant in these cases can truly be 'guilty until proven innocent.'

One potential avenue of defense that should always be explored, especially in cases of false allegation of child sexual abuse, is the use of a polygraph examination. Typically the results of a polygraph evaluation are not admissible in Court. However polygraph examinations can be a powerful tool to use in negotiating with the prosecution in an effort to obtain a pre-trial dismissal of child sex abuse charges. Further the results can also be of use to psychologists or other experts retained by the defense.

The best practice is for the defense attorney to coordinate directly with a private polygraph examiner. The defense attorney and examiner can meet to discuss the specific allegations and develop the exact examination to be administered. No one else other than the attorney, examiner and the defendant needs to be aware that a polygraph examiner is being consulted or that the test is actually being administered.

Private polygraph evaluations can be scheduled either in the jail or in the attorney's office. They typically take no more than an hour to complete and will conclude with a detailed explanation of the results being provided. If favorable results are obtained they can be shared with the police or the prosecution. Only after favorable results are taken in the defendant's private polygraph should a defendant ever consider consenting to a polygraph examination administered by the police or prosecution. Unfavorable results do not have to be shared with the prosecution or other third parties.

Although a favorable polygraph result is not in and of itself a guarantee that the prosecution will consent to a dismissal of the charges, it is an important tool that should be considered in every case involving false allegations of child sex abuse. For more information about South Carolina Child Sex Crimes please visit my South Carolina Sex Crimes website. This site includes definitions and information for offenses including Criminal Sexual Conduct with a Minor, Lewd Act on a Minor, and Sexual Exploitation.

The information contained in this article is to be considered for general informational purposes only. Always consult with a South Carolina Criminal Defense Attorney concerning any questions you may have about how the law may apply in your situation.

Article Source: http://www.articlesbase.com/law-articles/polygraph-examinations-in-south-carolina-child-sex-abuse-cases-1979810.html

About the Author

James R. Snell, Jr., founded and manages the Law office of James R. Snell, Jr., LLC, in Lexington, SC. He provides criminal defense and civil litigation legal services to clients throughout South Carolina. He is a member of the South Carolina Association of Criminal Defense Lawyers and the South Carolina Association for Justice. He is admitted to practice in all South Carolina State and Federal Courts. Prospective clients are invited to contact his office at 803-359-3301 or online at www.snelllaw.com to schedule a confidential case evaluation.