NCJ Number
132222
Journal
Law Guardian Reporter Volume: 7 Issue: 1 Dated: (1991) Pages: 1-7
Date Published
1991
Length
7 pages
Annotation
This article outlines steps in defense preparation for cases in New York State that involve allegations of child sexual abuse.
Abstract
Adequate representation of a client accused of child sexual abuse requires a thorough knowledge of the Family Court Act, domestic relations law, social services law, penal law, criminal procedure law, and the civil practice law and rules. The defense attorney in such cases must also be well versed in psychology, medicine, child development, and family dynamics. Allegations of child sexual abuse may be initiated in several ways under a number of New York State statutes and by various parties, all independent of each other. Each action carries its own distinct procedures (i.e., discovery, evidence, and burden of proof). Under existing New York State law, it is possible for the accused to be forced to defend themselves simultaneously in family, supreme, and criminal courts. Generally, most cases involving allegations of child sexual abuse are won or lost during the discovery proceedings and trial preparation. Preparation is the key to a favorable disposition of the allegations, regardless of the forum. This article reviews relevant New York State law and procedures for bringing child sexual abuse cases in various forums and suggests how the defense attorney should proceed under this law and procedure.