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Avoid making any statements. If any person questions you about or accuses you of inappropriate sexual behavior with a child, try not to answer any questions, make any statements, or engage in any conversation or discussion with the other person until you have consulted an attorney. You can tell the person that you cannot discuss the matter until a later time or until you have consulted with an attorney. Even making a statement of denial can be tricky in this situation if you have not obtained legal advice. If you try to say that you did not touch a child inappropriately, the other person may misinterpret your statement. You also may make a simple statement that seems innocent, like admitting you talked to a child at a certain time or were alone with a child, only to have the statement used against you at a later time.
If you are falsely accused of molestation or other inappropriate sexual behavior with a child, you should also:
(1) gather and preserve any physical evidence in your possession that might relate to the alleged victim and your relationship with the victim (clothing, photos, videos, and objects)
(2) gather and preserve any documents or records that could relate to the accusations such as letters, emails, records that might show where you were at the time of an incident (if there are allegations of a specific incident and you believe you were not with the alleged victim or at the location at the time of the incident), phone and GPS records, and computer records, and
(3) make a list of possible witnesses – any person who you think has information about the accusations, the child, or your relationship with the child – and obtain the witnesses’ contact information.
The moment that you learn of accusations that you have had inappropriate contact with a child you should contact an attorney for information and advice on what to do. Remember, communication between an attorney and a client is protected by attorney-client privilege, which means that any private conversations with an attorney are confidential and cannot be shared with anyone else or used against you in a criminal proceeding. Besides advising you, an attorney can immediately begin communicating on your behalf with anyone trying to question or contact you about the accusation.
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