Children who accuse adults of sex crimes in Harris County and elsewhere often chronicle their lives and thoughts. It is fairly common for a child complainant to keep a diary or maintain a social media page on websites such as Facebook, Tumblr, and Pinterest. A complainant might put similar information in text messages, twitter tweets or even an email account. A complainant’s diary, social media page or electronic messages can provide a treasure trove of information for a person accused of a sex crime. A complainant will often write (or hint through photos) about the complainant’s knowledge of or interest in sexual activity, current or past sexual relationships, the details of the current accusation or possibly a motivation for making a false accusation or false outcry. Sometimes a complainant’s diary, social media page, photos or electronic messages can help get the charges dismissed against someone falsely accused of a sex crime. At the very least, the information you gather might be helpful to the defense attorney in the event of a trial.
If you wish to help someone who is accused of a sex crime (such as sexual assault of a child or indecency with a child) and you have legal access to the child’s diary, social media pages, text messages, and emails, you should immediately gather as much written and visual material as possible. If you are uncertain about whether you have a legal right to access and copy the material, you should contact a criminal defense attorney for advice. Do not waste any time. Once the material is destroyed or removed, it may be lost forever. Having this type of material in the earliest stages of a criminal case can sometimes make the difference between winning and losing in court.