Would a Conviction for a Sex Offense Affect Contact with One’s Own Children?
Interviewer: I can see how that would affect them. If a father is convicted of being a sexual predator and he has children, and he is ordered by the court not to be around children, would that pertain to his own children?
Adam: It probably wouldn’t necessarily pertain to his children unless they were the ones that were the alleged victims. The other part would be is he married to the mother and if she was the legal custodian what her desire was.
A Divorced Parent May Face Visitation Issues with His or Her Own Children after a Conviction
Theoretically you could open up a domestic issue if they were divorced where the mother may or father whoever the other natural parent is other than the defendant, where they would want no contact or supervised visitation and they would have to go, more than likely, back to the domestic relations court at that time.
What Recourse Does an Individual That Is Exonerated from a Sex Offense Charge Have?
Interviewer: People tend to prejudge accused sexual predators even before they go to trial or are convicted as you mentioned. If the accusations are proven to be false and the charges are dropped, the negative opinions usually still exist in people’s minds.
They’ve already made up their mind that this person is guilty no matter what the court said. What are some of the things the falsely accused might do in order to try and restore their reputation? Would they have any recourse if they felt they were slandered?
Adam: I’m assuming they probably would. Slander cases are a little tougher to win and it’s not necessarily my forte, but if there is say a trial based on false accusations then they would probably have a claim under one of the tort theories that there was a proceeding improperly instituted and the outcome was in their favor, so there would probably be some recourse.
Can the Accused’s Family Help after the Defendant Is Exonerated?
Interviewer: What can the family of the accused do to help on behalf of the accused?
During Sentencing, the Victim’s Family and the Defendant’s Family Are Permitted to Address the Court
Adam: It depends again on several factors. A lot of it’s going to depend on what the outcome is and if it was going to be a matter of pleading to a lesser offense. During any type of sentencing for any type of criminal action there’s always an opportunity for both sides; the victim and the defendant’s family to address the court.
They are permitted to explain if there was a negative outcome and somebody was convicted why this person is appropriate for some type of rehabilitation, why they deserve probation as opposed to some type of prison sentence, so they always have the opportunity to address the court about why they believe that.
By Adam Hunt