Law enforcement and prosecutors hear this defense all the time: “it wasn’t me.”  If you went and visited a state prison, you would probably hear a lot of people behind bars say “it wasn’t me.”  Let’s face it: a lot of people will not own up to a crime that they have committed.  Thus, when you hear someone say “it wasn’t me,” your natural assumption is that the person is lying.  However, according an article by Debra Cassens Weiss, a senior writer with the ABA Journal, when it comes to illegal internet pornography, we may need to rethink our assumptions.

Cassens discusses an issue that I have been hearing from experts for the past couple of years.   In her article entitled “Viruses Can Infect Computers with Child Porn, Leading to Legal Charges,” she discusses the growing number of cases when another person hijacks your computer to view or store child pornography.  Cassen’s article states:

Viruses can infect your computer, allowing pedophiles to view child porn when your PC is online or to use your computer to surf child porn sites….An infected computer may be the least of your problems, the Associated Press reports. “An Associated Press investigation found cases in which innocent people have been branded as pedophiles after their co-workers or loved ones stumbled upon child porn placed on a PC through a virus,” the story says. “It can cost victims hundreds of thousands of dollars to prove their innocence.”

AP cites the case of Michael Fiola, a former investigator with the Massachusetts agency that oversees workers’ compensation. An Internet bill for his state-issued laptop showed he was using more than four times the online data of his colleagues. An investigation found child porn stored in a folder that contains images viewed online…Fiola was fired and charged with possession of child pornography. He spent $250,000 on legal fees before prosecutors dropped charges. An inspection of the laptop had found it was programmed to visit as many as 40 child porn sites per minute.’

Consequently, the next time someone says “it wasn’t me,” maybe we need to run a virus check before we assume they are lying.

If you need legal advice for a specific problem, you must consult with an Arizona Criminal Defense Attorney. For more information about Arizona Criminal Law or a specific legal problem, please contact the Koplow Law Firm Online or by phone at (602) 494-3444.

What is S.A.I.D. Syndrome?

Because of the growing number of false sexual allegations in divorce cases the term SAID syndrome was created to identify the problem.

What are some scenarios in which we commonly see false allegations of sexual misconduct with a minor?

(1)The allegation of sexual abuse occurs only after a divorce or other legal proceeding is initiated; (2) Where one of the parents is suffering from some type of trauma or mental illness (which may or may not be diagnosed); and (3) The introduction of a step-parent into the family after a difficult divorce.

What are some things that lead to a person being falsely charged with a sex crime?

(1) When a therapist involved in the situation has little or no experience with sexual assault cases and has made an unsupported conclusion; (2) when the police department investigating the incident does not have extensive experience with sex crimes cases.  Often there is a belief that no one would ever make such false allegations.  However, experienced sex crimes detectives, familiar with S.A.I.D. syndrome, know this is a real issue.  Unfortunately, not all cases are reviewed by fair and experienced sex crimes detectives; and (3) when one of the family members intentionally falsifies the evidence and omits vital information when reporting the incident to the police.

What are some things that can be done if there is a false allegation of sexual misconduct with a minor?

While all cases are different, in general, here are some of the things that we have done in the past to help prove an allegation of sexual misconduct is false.  To start, you need to complete the investigation that the police failed to do in the first place.  First, I recommend bringing on a former sex crimes detective to assist with the case and do an independent investigation.  This will help outline what is required for a proper investigation and determine what else should be done.  Second, we should consider a polygraph test.  It is not uncommon in these cases that police would like you to do a polygraph test.  However, they usually just ask you to go down to the police department and do one of their tests.  I usually recommend a private polygraph test with a trusted professional.  Third, we should also consider a psycho-sexual evaluation.  This is an evaluation by a therapist trained to identify these types of sexual issues.  A positive report from such a professional, combined with the other items listed above may convince law enforcement that they made a mistake or have a problem with the case.

If you need legal advice for a specific problem, you must consult with an Arizona Criminal Defense Attorney. For more information about Arizona Criminal Law or a specific legal problem, please contact the Koplow Law Firm online or by phone at (602) 494-3444.