Also known as: child molester · molesting a child · molested a child · child sexual abuse · sexual abuse of a minor
Written by attorneys · grounded in primary & secondary sources — see below
A category of criminal conduct involving sexual contact with a person below the age of fourteen.
Clifford Cox stands trial for touching nine-year-old Maya during tutoring sessions. The prosecutor offers testimony from sixteen-year-old Lena that Cox touched her genitals when she was eleven on a school trip. The court admits Lena's testimony because the prior conduct qualifies as child molestation and bears on whether Cox committed the charged offense.
Christine Castro sues her former coach Christian Coleman for repeated genital touching during one-on-one training when she was twelve. Castro offers testimony from two other former athletes describing identical touching by Coleman when they were thirteen. The court admits the testimony because the claim rests on alleged child molestation and the prior acts are relevant to Coleman's conduct.
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Caitlin Crowley is convicted of raping her eight-year-old stepdaughter. The state seeks the death penalty under a statute authorizing capital punishment for child rape. The Supreme Court holds that the Eighth Amendment prohibits the death penalty for this offense even though the conduct constitutes child molestation.
Claire Campbell is convicted for possessing photographs depicting nude minors in sexually explicit poses. She argues the statute is overbroad. The Supreme Court upholds the conviction because the images record actual child molestation and the state may criminalize their possession to protect children.
Cassandra Cooper completes a federal prison term for multiple counts of child molestation. The government seeks to detain her civilly under a statute authorizing commitment of sexually dangerous persons. The Supreme Court upholds the statute as a valid exercise of congressional power.
Christian Coleman is charged with molesting a child fifteen years earlier. He moves to dismiss on statute-of-limitations grounds. The court denies the motion because the applicable limitations period for child molestation had not expired when the charges were filed.
A child is any person below the age of fourteen. Conduct qualifies as child molestation only when it involves a victim under that age threshold.
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Yes. In a criminal case charging child molestation, the court may admit evidence that the defendant committed any other child molestation and may consider that evidence on any matter to which it is relevant, including propensity.
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Yes. In a civil action based on a party's alleged child molestation, the court may admit evidence that the party committed any other child molestation and may consider it for any relevant purpose under the rules governing criminal cases.
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Yes. The prosecutor must disclose the evidence, including witness statements or a summary of expected testimony, at least fifteen days before trial unless the court allows a later disclosure for good cause.
Supporting sources
…Law, 84 Iowa L. Rev. 499, 534-535 (1999); Mosteller, Remaking Confrontation Clause and Hearsay Doctrine Under the Challenge of Child Sexual Abuse Prosecutions, 1993 U. Ill. L. Rev. 691, 738-746. In many cases, hearsay alone was generally not considered sufficient to support a conviction; rather, it was used to corroborate sworn…