Washington State Child Sex Abuse and Special Assault Defense Lawyers Experienced at Getting Your Life Back for You
Experienced Seattle, Washington Defense Attorneys Protecting Against False Allegations of Sexual Assault, Rape, Child Sex Abuse, Child Molestation, Rape of a Child, Assault of a Child, Domestic Violence, and Elder Abuse.
Not much is as frightening as being accused of sexual assault, rape, child abuse, elder abuse . . . any abuse of a vulnerable person. The revulsion people feel about crimes like these can override the presumption of innocence and even simple fairness. To a person accused, it can feel that life has stopped . . . and may never restart.
But the accused can get justice. For eighteen years top Seattle child abuse and special assault defense attorney David S. Marshall and his team have been getting it for them in civil, CPS, and criminal cases—as many of them report here. This record is the reason other lawyers refer their clients to David and his team. They defend against child abuse, sexual assault, rape, domestic violence, college sexual assault and elder assault allegations in courts and college and administrative hearings throughout Washington state—in Seattle, Bellevue, Tacoma, Spokane, Everett, Vancouver, and other cities and towns; in King, Snohomish, Pierce, Kitsap, and other counties; and in Oregon, Idaho, Montana, Alaska, and other regions of the United States. Special assault defense is the work to which they have dedicated themselves.
Their dedication to child abuse and special assault defense means more than fighting for their clients in court. It also means keeping up to date on developments around the world in law, psychology, and medicine that concern allegations of child abuse and other special assaults. At this site you'll find some of those developments, as well as a lot about how the best child abuse and special assault defense lawyers work.
From Our Case Files
The problem for the jury may have been the accuser was too articulate. Her memory seemed super-human.
"Now everyone has a false memory." Thus did the prosecutor caricature my closing argument in his rebuttal argument.
Usually when a child incorrectly alleges that he has been molested, someone close to him—or the child himself—has something to gain from the accusation.
A Washington state woman's care of her foster infant has been vindicated by an administrative law judge.
Wed November 25 2015
Under Senate Bill 5154, Washington law enforcement agencies that are responsible for providing sex offender information to the public must assign risk levels to offenders.
News & Events
Mon November 23 2015
Statutes of limitations seek to prevent trials that are unfair because evidence has been lost through passage of time.
Tue November 17 2015
SB 5518 seems to require equal treatment of all accused of campus sexual violence.
Wed November 11 2015
The Massachusetts prosecutors of Irish nanny Aisling Brady McCarthy are coming under attack in the press for withholding evidence that the baby McCarthy was jailed for killing did not die by criminal means.
Mon November 9 2015
Greg Torti is no longer in prison, but sex offender registration law makes him feel captive anyway.
Thu October 29 2015
The requirements for adults and juveniles to commit the crime are different. That may subject the bill to an equal protection challenge under the U.S. and Washington constitutions.
Ashley Brown v. Department of Social and Health Services (2015)
The court then held that there was no substantial evidence to support DSHS's finding of neglect.
People v. Brown (2015)
Jane Doe was 15 years old. She claimed to have been gang raped after a friend, T.S., forced her to drink large amounts of alcohol.
State v. Arturo Cayetano-Jaimes (2015)
Rape Conviction Reversed After Trial Court Refused to Allow Deported Witness to Testify by Telephone
It has ordered a new trial because the trial court in Skagit County excluded highly relevant testimony from the alleged victim's mother.
In Re Dependency of H.S. (2015)
The judge decided that H.S. had been abused and therefore was "dependent," not based on the law, but based on the judge's own beliefs about proper parental discipline.
Thu September 10 2015
The case against McCarthy collapsed when the medical examiner that had initially said the child died of "blunt force head injuries" withdrew that opinion.
Fri September 4 2015
According to the Innocence Project, sex offenses are by far the most common category of crimes of which the convicted are eventually exonerated.
State v. Strange (2015)
The court decided that Strange was not deprived of a fair trial even though one possible juror stated his opinion that child molestation accusations always have some basis in fact.
Mon August 24 2015
The young man was expelled for raping a fellow student. He says he was denied a fair hearing.
Wed August 12 2015
The Judicial Institute seeks to help teachers understand the legal process in a way that they can share with students.
Mon August 10 2015
A small but vocal chorus of professionals and academics have criticized the AASI because of the paucity of peer-reviewed research on it.
Ohio v. Clark (2015)
The U.S. Supreme Court has decided that the constitution permits children's out-of-court statements to be admitted in criminal trials.
Thu July 30 2015
The honor is given to those attorneys who receive strong Avvo client reviews.
Wed July 29 2015
We are coming into the age of "yes means yes"—the notion that one may not initiate sexual contact without explicit consent.
Fri July 24 2015
A college disciplinary hearing can be a minefield of legal hazards for the accused as they navigate an investigatory process where fundamental elements of fairness are often lacking.
State v. S.J.C (2015)
The supreme court found the statute allowing judges to seal juvenile court files was, indeed, constitutional. Young people are different, it said.
Thu July 9 2015
Zachery Anderson also has been prohibited from using the Internet—quite an obstacle to his completing his college studies in computer science.
Thu July 2 2015
My eyes opened wide when I read that lawyers for a child sex abuse claimant had paid a large settlement and had formally apologized to the men they had accused.
Fri June 26 2015
There is still a lot of room for science to improve our justice system.
Wed June 24 2015
In Germany, a therapist is obliged to maintain confidentiality regarding any child sexual abuse committed in the past.
Thu June 18 2015
The criminal defense law association's mission is to improve the quality and administration of justice in Washington state.
Fri June 5 2015
If we started by presuming innocence in these cases we'd then ask what procedures we need to permit that presumption to be overcome by compelling evidence.
Tue June 2 2015
The problem for the jury may have been the accuser was too articulate. Her memory seemed super-human.
Tue May 19 2015
Richard Cain had a constitutional right to testify in his defense.
Tue May 12 2015
A Mississippi trial court will soon hear evidence challenging the science behind Shaken Baby Syndrome
Jeffrey Havard was convicted of murder after a medical examiner diagnosed his girlfriend's six-month-old daughter with Shaken Baby Syndrome
Thu May 7 2015
Richard Cain argued that he was denied his right to take the stand in his own defense.
Wed May 6 2015
Prosecutor Apologizes for Role in Wrongful Conviction, Criticizes Denial of Wrongful Compensation Award
A Louisiana judge denied compensation for Glenn Ford, who was imprisoned for nearly 30 years after wrongfully convicted of murder.
State v. A.M. (2015)
During rebuttal argument, the prosecutor twice commented on the defendant's failure to testify during trial.
Wed April 1 2015
If the jury that had heard his trial on four counts of Child Molestation in the Second Degree said "Guilty," a corrections officer would appear and place him in handcuffs.
State v. Crowell (2015)
The Washington Court of Appeals has reviewed a conviction for rape of a child in the third degree after the trial judge erroneously admitted hearsay evidence.
Mon March 30 2015
The counties with the highest numbers of shaking accusations in Washington state were King County, which had 7-10 shaking accusations, and Pierce County, which had 4-6 shaking accusations.
Fri March 27 2015
The petition is focused on infant brain injuries that were once called Shaken Baby Syndrome and are now called Abusive Head Trauma.
State v. Johnson (2015)
Felony Stalking Conviction Reversed after Thurston County Prosecutor Failed to Prove Repeated Followings
The Court reversed the felony stalking conviction, finding that the Thurston County prosecutor only presented evidence of one incident of stalking.
Mon March 16 2015
False confessions can happen in any kind of case, but especially in heinous cases such as those involving rape, child molestation, and infant assault.
Fri March 13 2015
Law student argues that families wrongfully accused of shaking a child should be reimbursed by CPS, law enforcement, and medical providers for the financial costs of a wrongful SBS diagnosis.
State v. R.K. (2015)
The court found that the fresh-complaint testimony here was inadmissible because it did more than convey that a complaint had been made, and it was excessively graphic.
Wed March 11 2015
The judge considered the profound consequences of imprisonment, including several prison rapes, a resulting HIV diagnosis, suicide attempts, depression, and estrangement from his family.
Mon March 9 2015
The show features Deborah Tuerkheimer, a Northwestern University law professor who has found rampant injustice in prosecutions based on 'shaken baby syndrome."
Fri February 27 2015
Ahmed Ajam was released after spending nearly 13 years in prison without ever being put on trial.
Wed Feb 25 2015
The shortcomings of a similar study—known as "the Butner study"—have also been publicized.
State v. Walker (2015)
Almost half the 250 slides included the heading "DEFENDANT WALKER GUILTY OF PREMEDITATED MURDER."
Mon Feb 23 2015
The prosecution charged Mahmoud Mohamed Ahmed Ibrahim with attempted homicide, alleging that Ibrahim shook his four-month-old child resulting in brain injury.
Sun Feb 22 2015
In the decision, the judge stated that "there has been a compelling and consequential shift in mainstream medical opinion" regarding shaken baby syndrome.
Thu Feb 19 2015
The supreme court reversed the conviction of Leevester Brown for shaking his infant son to death.
Tue Feb 17 2015
Almost two years ago, Paul Nungesser faced a campus hearing for sexual assault regarding an incident he calls consensual.
Mon Feb 16 2015
Kenneth Ireland was wrongly imprisoned for 21 years for the rape and killing of a mother of four.
Thu Feb 12 2015
Some have called the standard unreasonable and say that it would be difficult to implement in practice.
State v. Nichols (2014)
At trial, the State elicited testimony about the defendant's personal sexual habits during its questioning of the girlfriend.
Com. v. Foster F. (2014)
The trial judge admitted the entire interview transcript without making any redactions.
McRoy v. U.S. (2015)
The defendant was charged with multiple counts of child sexual abuse involving two of his stepdaughters and one of the girls' friends.
Wed Feb 4 2015
Sledge continually avowed his innocence over the past 36 years, filing multiple appeals that were denied without hearing.
Fri January 23 2015
Ahmed Ajam had been held at Guantanamo since 2001 without ever being put on trial.
In re N.C. (2014)
The court found that the juvenile did not have an opportunity to cross-examine the child accuser because her unresponsiveness proved that any attempt to cross-examine would ultimately be futile.
State v. J.M., Jr. (2014)
In J.M., the defendant, a massage therapist, was charged with sexually assaulting a customer.
U.S. v. Laurita (2014)
At the evidentiary hearing, an FBI agent testified that he did not give the defendant a Miranda warning prior to questioning.
State v. Duran (2014)
The defendant appealed his conviction, arguing that the trial judge erred in allowing the professional to testify about the frequency in which abused children delay disclosure because the professional was a lay witness, not an expert.
State v. Kirk (2014)
In the rebuttal closing argument, the prosecutor used lyrics from the song "Dixie" which included the words "look away."
State v. Jaquez (2014)
The Supreme Court of Iowa has reversed a conviction for sexual abuse of a child after an expert witness vouched for the accusing child's credibility.
Kvasnikoff v. Alaska (2014)
Generally, a defendant's pre-arrest silence is inadmissible due to its low probative value and high prejudicial effect.
Fri January 2 2014
Many physicians have reported that a triad of symptoms may also be consistent with a short fall.
Mon December 29 2014
Among their most important points is that high confidence in one's memory of a particular fact—such as the recognition of someone as one's rapist—is no guarantee of accuracy.
State v. Brown (2014)
While the defendant was charged with first-degree murder, he had proven that the non-monetary conditions of his release ensured he was not a flight or safety risk.
Wed December 17 2014
Malthe Thomsen, a student teacher from Denmark, was charged with sexual abuse after a co-worker reported to the school that he had inappropriately touched children.
State v. Gunderson (2014)
Washington Supreme Court Reverses After Prior Domestic Violence Incidents Improperly Admitted in Evidence
The Washington Supreme Court has limited the situations in which evidence of prior domestic violence incidents can be admitted at trial to impeach a witness.
State v. Ruiz-Piza (2014)
In Oregon, a defendant's admissions or confessions are inadmissible if the statements were made in fear of a threat.
Sun December 7 2014
Jerry Lee Brock has been released, having been imprisoned since 1995 when a jury convicted him of child molestation.
Thu December 4 2014
Counsel for students accused of sexual assault are calling attention to the inadequacies of university adjudication systems by bringing sexual discrimination claims against colleges.
State v. W.R., Jr. (2014)
The Washington Supreme Court has held that it violates due process rights to require a defendant to prove consent as a defense to a rape charge.
Wunsch v. State (2014)
A Florida Court of Appeals has reversed a child neglect conviction after the trial court instructed the jury that it could convict on an uncharged theory of guilt.
Wed November 26 2014
The Supreme Court of Sweden has found insufficient scientific support for the theory that underlies many prosecutions for assaulting infants and causing brain injuries.
Mon November 24 2014
His false confession to rape and murder came after a six hour interrogation and three lie detector tests.
State v. Lewis (2014)
Court overturns the conviction of man for sexual abuse of a child after his defense attorney failed to object to flawed jury instructions.
State v. Franks (2014)
Conviction for sexual assault of a child overturned because the trial court improperly admitted evidence that the defendant was previously charged with child molestation.
State v. Lavalleur (2014)
The court found that exclusion of a third party relationship was prejudicial because the complainant's credibility was critical to the prosecutor's case.
Tue November 11 2014
Research has increasingly uncovered the limits of eyewitness identifications—limits imposed both by human nature and by flaws in law enforcement agencies' procedures.
Wed November 5 2014
The professors state that the new procedures make a single Harvard administrative office judge and jury of accused students.
Mon November 3 2014
In 2013, the Washington State legislature had passed a compensation law for the wrongfully convicted that authorizes an award of $50,000 for each year a person is wrongfully imprisoned.
Commonwealth v. Letkowski (2014)
The defendant appealed a rape conviction, arguing that the trial judge had improperly admitted evidence that he invoked his right to silence after arrest.
Wed October 15 2014
A legal scholar argues that hearsay statements are not reliable enough to admit them in evidence at trials for domestic violence, rape, and other acts of interpersonal violence.
State v. Crumpton (2014)
The Supreme Court of Washington has clarified the showing a convict must make to obtain post-conviction DNA testing of biological evidence.
Fri October 10 2014
A New York judge will determine whether the videotaped confessions of Pedro Hernandez, who admitted to murdering Etan Patz, are admissible.
Wed October 8 2014
DNA testing has cleared two mentally disabled North Carolina men for the rape and murder of an 11-year-old girl that occurred over thirty years ago.
Mon October 6 2014
Children and spouses of the wrongly convicted suffer financially because of the years of lost income.
Commonwealth v. Quinn (2014)
The supreme court found that the trial judge had erred in allowing the social worker to testify that the girl's behavior was consistent with the behavior of victims of childhood sexual abuse.
State v. Slocum (2014)
The Court of Appeals found that the trial judge made a prejudicial error in admitting the testimony, and reversed the conviction.
Mon September 22 2014
Multiple studies have proven that those 15 years of age and younger lack the maturity and experience to fully comprehend their rights and the consequences of waiving them.
State v. Hernandez-Fabian (2014)
Law professor Daniel Medwed calls for reforms to avoid wrongful convictions in the first place.
State v. Hernandez-Fabian (2014)
Oregon statutory law allows admission of child hearsay statements under certain circumstances but requires that prosecutors give 15 days notice to defendants that they intend to use such evidence.
Mon September 15 2014
Police have interests adverse to suspects; they would much rather see a suspect waive his rights than invoke them.
People v. Jefferson (2014)
The videotape contained the child's out-of-court statements to a forensic interviewer, detailing the alleged sexual contact.
Wed August 27 2014
A Massachusetts court has been asked to conduct a hearing solely on the legitimacy of shaken baby syndrome as a valid scientific theory.
Mon August 25 2014
This comes after the White House published a report in April detailing its plan to fight sexual assault on college campuses.
State v. Whitaker (2014)
In the sexual abuse context, Washington precedent has held that experts cannot use a "generalized profile" of sexual assault victims to prove assault occurred.
Tue August 19 2014
Nearly every criminal case reviewed as part of an investigation started in 2012 of problems at the lab has included flawed forensic testimony from the agency.
Mon August 18 2014
UCLA law professor argues that the vividness of a video confession can actually prejudice a criminal defendant.
Thu August 7 2014
Shanesha Taylor made national headlines when an Arizona prosecutor charged her with felony child abuse for leaving her small children in the car while attending a job interview.
People v. Thomas (2014)
In 2009, Adrian Thomas was convicted of second-degree murder after prosecutors alleged he violently threw his toddler son down on a bed.
Cavaliere v. Florida (2014)
A Florida court of appeals has overturned a child molestation conviction because two witnesses, a police officer and a teacher, testified to the child's credibility during trial.
Del Prete v. Thompson (2014)
The court overturned Del Prete's conviction after receiving new medical testimony that doubted the SBS diagnosis.
State v. Kinzle (2014)
The Washington Court of Appeals has overturned a child molestation conviction because the child complainant did not include the criminal allegations in her testimony.
State v. Robert Barry (2014)
During deliberations, the jury asked the court if it could consider the accused's actions or demeanor in the courtroom during the trial as "evidence."
Thu July 3 2014
Critics charge the report fails to acknowledge university adjudication systems infringe rights of the accused.
Tue July 1 2014
In the mid-1980s, the McMartin Preschool child sex abuse trial shocked the nation with its accusations of rampant abuse at a California preschool.
State v. Gower (2014)
The Washington Supreme Court has reversed a man's conviction for sex crimes against his 17-year-old stepdaughter.