Understanding Sexual Abuse of Minor and/or Lewd Molestation Charges in Oklahoma

For a free consultation call 918 582 1313.

A Horrible Accustaion

False accusations of child sex abuse and lewd molestation are far too frequent in our society. Being accussed of sexually abusing a minor child is one of the worst things that a person can be accussed of. Even when a defendant is eventually exonerated they never fully recover. The accusation alone ruins reputations and often destroys families. These types of charges are often prosecuted with no physical evidence by overzealous prosecutors, and are frequently motivated by child custody disputes, rebellious teenagers and many other number of reasons. Many of the detectives and DHS workers handling these types of cases are too quick to believe these accusation and can often be describe as "man haters". If you have been falsley accussed of sexually abusing a child you better get ready to fight.

It is important to contact a lawyer experienced with defending child sex abuse cases immeadiately. DO NOT give a statement to law enforcment, DHS workers, employers or anyone without talking to a lawyer first. Many people make the mistake of thinking "this must be a misunderstanding" or "if I just explain that I didn't do anything than everything will be alright". Most of these cases involve no physical evidence and come down to a defendant's word verses a child's word. Because of the horrible nature of the accusation and the fear that people have that someone may sexually abuse a child, these cases are often prosecuted even when the evidence is lacking. DO NOT make the mistake of believeing that the police and DHS workers will figure out the child is lying, DHS workers are "taught to believe children" (I have gotten multiple dHS workers to admit this under oath on cross-examination.).

I am not saying that everyone that is accussed of one of these accusations will automatically be charged, it iss sometimes possible to prevent charges if the case is handled properly by an experienced lawyer. But, an accusation of child sexual abuse is much more likely to be filed than other types of accusations. And if charges are filed because of the laws that the legislature has passed over the past few years a Defendant may be ordered to stand trial based soley on hearsay statements of the child, meaning that a Defendant's attorney may not even have an opportunitty to cross-examine the child making the accusation at a preliminary hearing.

At the First Sign of an Accustation of Child Sexual Abuse and/or Lewd Molestation You Must Take the Accusation Seriously

Contact a lawyer experienced in sexual abuse cases at the first sign of an accusation. the first sign could be a call from an ex-wife accussing you of sexually abusing your child or former step-child. It could be a call from a former girl-friend accussing you of abusing their child. It could be a visit by law enforcment or a DHS worker just wanting to ask some "questions" or to "get your side of the story". It is absolutely vital that you stop talking to everyone, but a lawyer as soon as you learn an accusation has been made against you. I am not saying you necessarily need to hire a lawyer immeadiately, but the sooner you talk to a lawyer the better off you will be. And you should never give a statement to anyone without talking to a lawyer first, especially law enforcement.

If Accussed of Child Sexual Abuse or Lewd Molestation, Do not Give a Statement to the Police or Anyone

If you are accussed or suspect you may be accusssed of child sex abuse do not discuss the case with anyone other than a lawyer. This includes of course the police, but also includes counselors, ministers, spouses, family members or anybody else. It will not do you any good if to be remain silent with the police and make incriminating statements to others.

I have seen innocent clients hurt their cases by giving statements to law enforcement that contained numerous and repeated denials. They hurt their cases in many ways including giving the District Attorney a preview of what they will testify to at triaal. They hurt their cases because they can not tell the police "why would this child say this if it were not true" or tell the police things such as the child "is honest and tells the truth". I have seen innocent clients hurt their cases by pointing out problems in their interview with the accusation, problems that the District Attorney always seems to "fix" with the child on direct examination before the defendant's attorney has an opportunity to cross-examine the child and catch them in a lie. If there are provable lies in the accusations the child has made against you that is great, do not give that away before you discuss the case with a lawyer. The decision of whether or not to reveal to the police or the state problems with their case is a decision that should be made with the help of an experienced criminal trial lawyer.

Watch this video if you want to learn about why it is important to exercise your right to remain silent

Sexual Abuse of a Minor Child and Lewd Molesation Carry Serious Penalties in Oklahoma

Accustaions of Child Sex Abuse and/or Lewd Molestation carry serious penalties. Learn about the potential criminal penalties for these types of cases in Oklahoma.

I have a strong record in defending accusations of child sexual abuse and lewd molestation*.

I have extensive experience in handling these tpyes of cases handling over 25 of these tpes of cases and trying almost a third of those. I have also taught other lawyers on how to handle these types of cases. (Read Practical Advice for Defending Sex Abuse Cases). This will help you understand some of the issues surrounding these cases, even though it was written for lawyers.

Previous Cases of Sexual Abuse of a Minor Child I have Handled

May 2013 Washington County District Court (Bartlesville)

In this case Mr. Adams defended a 64 year old man that was falsely accused of Lewd Molestation. This was a tough case because there were two complaining witnesses and DNA results that the client could not be excluded from. Mr. Adams never doubted his client's innocence and during the trial he skillfully cross-examined the state's two complaining witnesses and the state's two DNA experts. After a 3 day jury trial and 5 hours of deliberations his client was found not guilty on all counts. Mr. Adams defeated the state's DNA evidence without calling a DNA expert of his own. Mr. Adams got all the evidence he needed from the state's experts.

December 2011 Tulsa County District Court

In this case Mr. Adams represented a young man who was falsely accused of sexually abusing a family member. After numerous conversations with the prosecutor on the case and presenting the prosecutor with new evidence the case was dismissed. DNA evidence obtained after the dismissal supported the innocence of Mr. Adams client.

November 2009 Tulsa County District Court

In this case Mr. Adams represented a local coach that had been wrongfully accused of inappropriately touching a girl that he coached. What was tragic about this case that the coach has spent years of his life helping young women get scholarships to college and because of the false accusation the coach was facing up to 20 years in prison. The community support for this coach was overwhelming and the state knew that it was in for a long and drawn out fight. The state blinked and offered the coach a deal that was too good to turn down. A two year deferred sentence on the misdemeanor charge of Outraging Public Decency. The basis of the misdemeanor charge was that the coach made an inappropriate comment to the girl. The felony charge concerning the inappropriate touching was dismissed. After two years the coach's record will be whipped clean and he can now pick up the pieces of his life and move on.

March 2008 Oklahoma Court of Criminal Appeals

In this case in Tulsa District Court Mr. Adams represented a client who was accused of using a video camera to secretly video tape "up the skirt" of a 16 year old woman. In this case Mr. Adams filed a Motion to Dismiss and successfully argued, that to secretly video tape "up the skirt" of an unsuspecting woman, did not violate Oklahoma Law. The case was dismissed and the state appealed the ruling to the Oklahoma Court of Criminal Appeals; the ruling was affirmed. This case drew national attention and was featured in newspapers across the country and on the Fox News Channel. As a result of this case the legislature is changing the statute.

January 2008 Tulsa County District Court

In this case in Tulsa County District Court, State of Oklahoma v. R.H. Mr. Adams obtained the reversal of a conviction for Sexual Abuse of a Minor Child by filing a Motion to Arrest the Judgment in a case where his client (while being represented by another attorney) had been convicted by a jury and received a 24 year sentence. Kevin Adams was able to get the conviction overturned without even having to appeal the case to the Oklahoma court of Criminal Appeals. After much legal maneuvering and filing several motions Mr. Adams was able to negotiate a settlement of the case for a No Contest Plea and a 6 year sentence, on a crime that did not require his client to serve the dreaded 85% of his time. Mr. Adams saved R.H. from spending approximately 12 years in prison. R.H. is out of prison and back with his family.

December 2002 Tulsa County District Court

Jury Verdict of Acquittal on the charge of Sexual Abuse of a Minor Child. State of Oklahoma v. Frederick English, CF-2002-2108. Mr. English was charged with two counts of Sexually Abusing a Minor Child, the Jury Acquitted Mr. English on 1 count and deadlocked on the other count 9-3 for Acquittal. The case was resolved on the deadlocked count with a no contest plea on an amended misdemeanor charge that did not require Mr. English to register as a sex offender. This was Mr. Adams fourth jury trial.

September 2002 Tulsa County District Court

Jury Verdict of Acquittal on all counts. State of Oklahoma v. Leandrew Charles White, CF-2002-401. Mr. White was charged with one count of Sexually Abusing a Minor Child and three counts of injury to a minor child. After a week long trial the jury deliberated approximately three hours before acquitting Mr. White on all charges. This was Mr. Adams second jury trial.

May 2002 Tulsa County District Court

Jury Verdict of Acquittal on the sole charge of Sexual Abuse of a Minor Child. State of Oklahoma v. Dannie Virgil Clem, CF-2002-6080. The jury deliberated approximately 30 minutes after a three day trial in reaching their verdict of acquittal. This was Mr. Adams first jury trial and he had only been licensed to practice law a little more than a year.

Send your questions to LawyerAdams@me.com I try to respond to all inquires as quickly as possible. If you need immediate assistance you can call my office (918) 582-1313 or my cell phone (918) 230-9513. If you are in need of emergency assistance feel free to call my cell phone anytime either day or night.