Sexual Assault, commonly referred to as “rape,” is perhaps the most stressful allegation with which to be faced, particularly if the allegation involves a child. Most often the State will proceed to trial with uncorroborated statement of the alleged victim and the trial boils down to a “he said/she said” case. Nevertheless, convictions are common, especially when the alleged victim is a child. Individuals with spotless records and substantial life achievements may find themselves spending twenty years or more in prison. If a defendant is convicted of one of these kinds of crimes and given a sentence of probation, the defendant will be a registered sex offender for life and be required to successfully complete a challenging sex offender treatment program. If the defendant does not admit he committed the crime, he will be deemed to have unsuccessfully completed the program, his probation will be revoked, and he will then be confronted with a lengthy prison sentence.
Clint Broden in 2014, was selected by other attorneys in the Dallas Criminal Defense Lawyers Association as providing the best defense for the hypothetical: if my son/daughter were charged with a FELONY SEX CRIME in Dallas County
– Dallas Criminal Defense Lawyers Association
Although it is not uncommon for a jury to find someone guilty based on their uncorroborated accusation, it is also not uncommon for the jury to find the accused not guilty. Broden & Mickelsen has enjoyed considerable success representing individuals charged with sex crimes. Many of our clients have had their charges dismissed or have been found NOT GUILTY by juries.
Cases involving allegations of child sexual assault are often very difficult cases, because members of the general public often wonder why a child would lie. Unfortunately, it is estimated that almost fifty percent of child sexual assault claims are not true. Indeed, the rampant false claims of sexual assault have been compared to claims by the children of Salem in the 1600’s that townspeople were witches. Broden & Mickelsen defend sexual assault cases very zealously and will leave no stone unturned. Indeed, a recent Dallas County child sexual assault case took Clint Broden all the way to North Carolina to investigate custody records and interview witnesses but the time was well spent and resulted in a NOT GUILTY verdict at trial.
To defend sexual assault cases, a complete investigation is absolutely necessary. The background of the complainant must be investigated fully and all family dynamics must be considered and explored. Family members and, many times, neighbors must be interviewed. In addition, it will often be our recommendation that an expert be hired to explain “implanted memory” to a jury. This is because a child will often actually believe they were abused because of memories implanted by adults in order to serve the adults’ own agendas. Also, an attorney must be very conversant with the scientific literature and studies in the field of child sexual abuse in order to cross examine experts that are usually called by the state and to convince the jury that children do lie and children can be manipulated by adults to actually come to believe they have been assaulted. Before hiring an attorney to represent you on such a devastating charge, take a look at the attorney’s book shelf to see how many books he or she has in this area as that will often be a very telling sign as to how familiar the attorney is with the scientific literature and the phenomena of false allegations in child sexual assault cases. We often tell a jury that there are two victims in many of these cases: our client and the child who is being manipulated by one or more adults.
Recently Dallas Sexual Offense Attorneys of from Broden & Mickelsen were hired to represent two unconnected defendants on appeal following trials for sexual assault of a child in which the individuals were represented by different attorneys. One client had been sentenced to twenty years imprisonment and one was sentenced to sixty years imprisonment. Because Broden & Mickelsen were familiar with the scientific literature in the field of child sexual assault allegations, it was immediately apparent to them that the State’s expert witness from the Dallas Children’s Advocacy Center had misrepresented the statistics regarding what percentage of children tell the truth regarding these type of allegations. Neither of the trial lawyers had recognized that this witness (the same one in both trials) misrepresented the statistics. As a result, Broden & Mickelsen successfully had both verdicts overturned on appeal. In addition, Broden & Mickelsen filed a complaint against the witness with the Texas Board of Professional Counselors. Click here to see a copy of our appellate brief in one of those cases which explains some of the scientific literature in this field.
At Broden & Mickelsen, our track record and not guilty verdicts in these type of case speak for themselves. We spend a lot of time working these cases because that is the only way to achieve success before a jury. Not to long ago, Clint Broden represented, free of charge, a young man who was falsely convicted of sexually assaulting his cousin in Bell County, Texas to secure his release from prison on false allegations of sexual assault. The cousin, who was ten years old at the time of the original trial, had repeatedly stated that her mother put her up to testifying falsely at the original trial. Moreover, it was established that the mother had a history of making false sexual assault claims. The case has been featured on the ABC news show “20/20.”