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In California, many law enforcement agencies have specialized units that focus on investigating alleged child sexual offenses such as lewd acts with a minor (PC 288). These cases are typically assigned to detectives who have received extensive training in interviewing young victims and analyzing forensic evidence.
Here is a step-by-step look at how police generally approach lewd acts with a minor investigations:
The first step in any investigation is receiving a report of an alleged incident. In child sexual abuse cases, the initial report often comes directly from the victim. However, reports may also be made by mandatory reporters such as teachers or doctors who suspect abuse, or by concerned adults like parents or relatives who have learned of possible abuse.
Once a report has been received, detectives will conduct an in-depth interview with the child making the allegations. These interviews are typically audio and/or video recorded to document the child’s statements accurately.
Skilled investigators avoid asking leading questions that could unduly influence the child’s account.
Depending on the nature and timing of the alleged abuse, police may order a medical examination of the child. Specially trained medical professionals will look for any signs of sexual trauma or DNA evidence that could help identify the perpetrator.
Another investigative technique is to have the accuser make a “pretext phone call” to the alleged abuser. Police monitor and record the call, hoping to capture incriminating statements.
The goal is for the child to elicit an admission or other evidence to corroborate their allegation, but without the suspect realizing the call is being monitored.
Having more than one victim willing to speak out strengthens the police’s case, especially since there is often no direct evidence of any lewd acts.
Therefore, police track down leads in the search of other potential victims that the suspect may have committed lewd acts on. It is harder to ignore victims when there are more than one sharing similar stories.
If a suspect has been identified, detectives will often bring them in for questioning. It is important to note that police are not required to read them their Miranda rights unless the suspect is placed under arrest.1
If the suspect denies the allegations, police may ask them to undergo a polygraph examination. However, suspects have the right to refuse a polygraph, and the results are not admissible in court.2
As detectives gather evidence through interviews, medical examinations, pretext calls, and other investigative strategies, they work closely with prosecutors to assess the strength of the case.
Ultimately, it is up to the District Attorney’s office to decide if there is sufficient probable cause to file criminal charges and take the case to trial.
For more in-depth information, refer to these scholarly articles
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.