Child Pornography Defenses

 A recent trend is occurring in the Southeast. Many men are being charged with child pornography based on a allegations of a spouse during a divorce. This allegation is very damaging to the husband and can put him in a defensive position and lose any argument for custody of his children.https://askcompetentlawyer.com/sex-crimes/ Many wives have read online and heard that this allegation will put a huge amount of fear into a man. Not only does the husband have to fight for his children, but he now has to fight a serious allegation. The real problem is so few judges actually know what to do when this allegation is used in family court.

First, the abuse or child pornography allegation mysteriously appears when the separation or divorce proceedings commence. For some reason they were never reported prior to the husband and wife disagreeing on money or children. The courts should consider this as a crucial reason for this allegation to surface.
Second, no lay person can assure a judge that they have seen child pornography on a computer. The Federal Bureau of Investigation, the U.S. Postal Inspectors Office and very few other law enforcement agencies have the ability to confirm that images or videos actually contain minors. There are several pornographic images and videos that are not child pornography but may give rise to some concern.
Third, if there is child pornography on the computer, who downloaded it? Did the husband have the only access to this computer? and when were the images or videos downloaded? There are cases where the child pornography is downloaded and the defendant has no idea this has occurred.
A good criminal attorney will be able to investigate and provide a valid defense for this type of accusation. Our Charleston Criminal Attorney has vast experience defending child pornography indictments.