Category Archives: Sex Crimes
Teachers Are Victims of False Allegations
Students Make False Allegations of Sexual Abuse Against Teachers Teachers are often the focus of false allegations made by students. Whether the student is…
Crossing the Line from “Preparation” to “Attempt” to Engage in Sex with a Minor
It is called proactive online policing: law enforcement officials posing as minors, or guardians of minors, on the Internet to catch child sexual predators.…
Greg Abbott Supports Big Business over Rape Victim
Most everyone living in a major media market in Texas has seen State Senator Wendy Davis’s first statewide campaign ad released during the first…
Recanted Testimony Fails to Meet “Extraordinaily High” Burden for Claim of Actual Innocence
Probably the most difficult constitutional claim to establish in a federal habeas corpus proceeding is one of “actual innocence.” This premise was reinforced by…
File Sharing Not Necessarily Distribution
File sharing permits the public or private sharing of computer data in a network that allows multiple people to read, view, modify, copy, print,…
Supreme Court Clarifies Child Pornography Restitution Issue, Somewhat
In recent years people who were victimized as children by child pornography have turned to the Violence Against Women Act of 1994 (“VAWA”), codified…
Victim Restitution in Child Pornography Cases Still In Flux
The road of Hades is sometimes paved with good intentions. This is so with the case of Luis A. Montalvo-Cruz (“Cruz”) whose appeal to…
Texas’ Statute Criminalizing Sexually Explicit Online Communications with Minors Declared Unconstitutional, Cases Dismissed
The Texas Court of Criminal Appeals (TexCrimApp) this past October upset district attorneys and “tough on crime” legislators throughout the state when it declared…
Court Narrows Marital Communication Privilege in Illegal Porn Case
On January 6, 2014, the First Circuit Court of Appeals in United States v. Breton narrowed the scope of the marital communications privilege. The…
Courts Reluctant to Find Actual Innocence
The maze of Federal post-conviction habeas corpus can be a procedural nightmare as illustrated in a February 13, 2014 decision by the Ninth Circuit…
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