Being falsely accused of a sexually oriented crime such as touching, fondling, or molesting a child is one of the most serious and life-altering situations anyone can face. Even before formal charges are filed, these types of accusations can result in damage to your reputation, relationships, and career.
At the Law Office of James R. Snell, Jr., LLC, we regularly represent clients who have been accused of or are under investigation for sex-related offenses throughout Lexington and Columbia, South Carolina. Over the last twenty years, attorney James Snell has assisted hundreds of clients in these situations, with the goal of avoiding arrest whenever possible or minimizing the scope and severity of any criminal charges.
If you are in this situation, there are several important steps you should take immediately to protect your rights and your future.
How Sex Abuse Investigations Begin
Police investigations in alleged child abuse cases begin in a number of ways. Some of the most common are when an initial report is made by a school employee, such as a teacher or guidance counselor. School staff are legally required to report any suspicion of abuse, even when they only have secondhand information.
Reports are also frequently made by parents of other children, who may contact authorities after hearing that their child was told a story by another child. Allegations can also arise during Department of Social Services (DSS) investigations, where a social worker may refer a case to law enforcement for further review. Sometimes, older children go directly to law enforcement themselves to make a report.
Another common source of allegations occurs during or after family court disputes, such as child custody cases. Parents involved in emotionally charged situations sometimes make or repeat allegations of abuse as part of those conflicts.
There are two things that are known for certain about sex abuse allegations: sometimes it happens, and sometimes children lie about it. Children can be influenced by adults, by other children, or even by their own imagination. Unfortunately, once an allegation is made, investigators and prosecutors often treat it as credible until proven otherwise.
In many of these cases, there is no physical or corroborating evidence beyond the initial accusation. That is why it is so critical to remain silent and assert your constitutional rights. Anything you say—even something as simple as confirming where you were or trying to explain your innocence—can later be used to support the accusation.
1. Do Not Talk to Anyone About the Allegations
If you are accused of sexual misconduct, do not discuss the situation with anyone. This includes law enforcement, family members, friends, coworkers, or anyone else. You have an absolute right to remain silent, and anything you say can be used against you in a future arrest or prosecution.
It is important to understand that nearly everyone accused of a sex offense will deny it—so a simple statement like “I’m innocent” carries little to no weight with investigators. However, even innocent explanations or attempts to clarify your side can be twisted into evidence of guilt. Statements about your location, relationships, or theories about the accusation can be used to make the case against you stronger.
Remaining silent is not an admission of guilt—it is one of the smartest and most effective ways to protect yourself.
2. Retain Counsel Immediately
The most important step you can take after learning that you are accused or under investigation is to hire an experienced criminal defense attorney. Early legal intervention can make a significant difference in the outcome of your case.
A defense attorney can act as a barrier between you and law enforcement, ensuring that no statements are made and no rights are waived without proper legal advice. In many cases, your attorney can communicate directly with investigators on your behalf, protecting you from making mistakes that could later lead to arrest or prosecution.
You are under no obligation to speak to police, answer questions, or consent to searches without consulting with your lawyer first. Having an attorney on your side gives you a knowledgeable advocate who understands how these investigations work and what steps can be taken to protect your freedom.
3. Consider a Private Defense Polygraph Test
If you are completely innocent, one step that can sometimes prevent an arrest is taking a private, confidential polygraph test. Our office regularly assists clients with scheduling and administering these tests through qualified examiners.
When arranged through our office, the results are protected by attorney-client privilege. If you pass the polygraph, confirming your innocence, the results can be shared with law enforcement as part of an effort to avoid criminal charges. If you do not pass or choose not to disclose the results, no one—including law enforcement—will know you even took the test.
While polygraph results are not admissible in court, they are often persuasive to investigators during the pre-arrest stage. Tests can usually be scheduled quickly—sometimes the same day you hire our firm—and represent one of the fastest, least expensive, and most effective tools for preventing false arrests.
We recommend that you not tell anyone about your plans to take a polygraph, until the test is completed and you have discussed the results with your attorney. We recommend confidential defense polygraphs for clients who are claiming innocence to the allegations. We do not recommend submitting to a law enforcement polygraph, unless and until you have passed a private test first to ensure you are a good candidate for the procedure.
There may be other steps which can be taken, depending on the exact circumstances of your accusation. Frequent limitations however presented to the defense at the accusation or investigation stages are that 1) the accused (through their legal team) will not have direct access to interview the accuser themselves; 2) exact details of the accusation may not be known (statements to law enforcement, DSS, or forensic interviews of the accuser are not available to the defense unless an arrest is actually made); and 3) law enforcement may actually lie as to the nature of the allegations in an effort to mislead the accused into making statements or answering questions that are not in their best interest.
Protecting Your Future
False accusations of sex abuse are devastating, but early legal action can make a major difference. The goal is always to stop the investigation before it turns into an arrest or formal charges. Our firm works to ensure that clients are protected from unfair treatment, improper questioning, and reputational harm.
If you are being investigated or have been accused of a sexually related offense in Lexington, Columbia, or anywhere in South Carolina, call the Law Office of James R. Snell, Jr., LLC at (803) 359-3301. Same-day appointments are typically available. We represent clients whose cases involve both real-life accusations, as well as Internet Crimes Against Task Force cases
Every case is unique, and prior results obtained by the attorney in one matter do not indicate similar results can be obtained for other clients in other matters.