Innocent behavior can lead to a sex crime arrest

April 05, 2014

In recent years, law enforcement agencies and prosecutors have redoubled their efforts to identify, investigate and convict those who they suspect of having committed sex crimes. Too often, media outlets are quick to pick up on arrests made for these sorts of crimes and to present the accused as guilty before all the facts are clear. This sort of attention makes it very easy for the public at large to disregard the findings of the criminal process and to brand as sex offenders those who did nothing wrong.

It is not difficult to see how a person's perfectly innocent behavior could lead to them being investigated for a sex crime, particularly when children are involved. For example, several years ago, the case of Donna Dull, a 59 year old grandmother from Pennsylvania made national news. Police in West Manchester Township arrested Dull after she took several rolls of film to a local Wal Mart photo processing center. The clerks at the store contacted police after they saw multiple pictures of Dull's infant granddaughter in a bathtub. Charges against Dull were eventually dropped because prosecutors were unable to prove that the photos were truly pornographic in nature or that she had the intent to distribute the photographs.

In a similar case, Jacqueline Mercado and her boyfriend, Johnny Fernandez, took a roll of film to a local drug store to have them developed. Several of the photographs showed Jacqueline breastfeeding their infant son. The couple was arrested and charged with the production of child pornography and was forced to undergo evaluation by Child Protective Services. Thankfully, the charges were later dropped and they were able to regain custody of their children.

Digital photography does not necessarily solve the problem. In 2012, a football coach from Mankato, Minnesota was arrested and charged with use of a child in a sexual performance and child pornography, when home videos of his naked or partially clothed kids were discovered on his cell phone. Fortunately, the coach had a good attorney who challenged probable cause for the charges, arguing that the videos and pictures were not sexual in nature and did not meet the definition of pornography. The charges were dismissed. Overzealous police and prosecutors are eager to convict suspects for these crimes at any cost. Therefore, if you have been arrested or are under investigation for a sex crime, it is essential to talk to an experienced criminal defense attorney. Having a criminal defense attorney experienced with sex crimes on your side is the best way to protect your rights.

Article provided by Nelson Criminal Defense & Appeals, P.L.L.C.
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