Sep 27, 2012 More on defending against charges of soliciting sex with minors
WARNING– Unpleasant subject matter follows (as is the case with many discussions of ugly criminal allegations):
An excessively large number of adults flirt with and solicit sex from minors. This retch-inducing truism often is rooted in their having stunted mentalities in childhood from physical abuse, sexual abuse, or mental abuse, thus giving them mentalites of children, as sexual beings in adult bodies still identifying sexually with other children. There is of course a difference between having such an interest and acting on that interest. Too many people do not control acting on the interest.
In June 2012, I blogged about a Maryland Court of Special Appeals opinion affirming a teacher’s conviction for sexual abuse of a minor despite his not expressing any physical interest in the apparently willing minor student "victim" beyond kissing (apparently only fantasizing about but never doing the kissing, and never spending time alone together) and holding hands. Walker v. Maryland, ___ Md. App. ___ (June 28, 2012).
Fortunately, yesterday the same Maryland intermediate appellate court drew a line on convictions for sexual solicitation of minors where the defendant merely asked the minor to get together, even where, as here, the defendant had previously sexually assaulted the minor. Poole v. Maryland, ___ Md. App. ___ (Sept. 26, 2012). Whenever a criminal defense lawyer defends against a charge of soliciting sex with a minor, it is very important to review, dissect, and view in totality the communications between the defendant and the child (who usually is a police officer masquerading as a child), including the difference between the defendant’s saying "I fantasize about having sex with you" versus "let’s meet tonight at my place to have sex."
On why and how I am able to defend such stomach-turning allegations when they are true, here is my answer.