Accusations of sexual abuse in San Diego are common. Here is an example of one type of accusation, with some very interesting information from dedicated criminal defense attorney David Pflaum about defending these cases.
A San Diego Officer Accused
A San Diego police officer accused of sexual abuse and inappropriately touching women in their 20s and 30s during pat-down searches pleaded not guilty Tuesday to five criminal counts, including felony false imprisonment and misdemeanor sexual battery.
Hays pleaded not guilty to the charges before Judge David Szumowski, who allowed the 30-year-old defendant to remain free on $130,000 bail and ordered him to have no contact with the four alleged victims named in the complaint.
The charges filed against Hays, two counts of false imprisonment and three misdemeanor counts of sexual battery, involve four women who were allegedly victimized between October and December of last year, according to District Attorney Bonnie Dumanis.
Three other women have come forward to allege they were victimized by Hays. The case is still under review and more charges are possible, Dumanis said.
San Diego Police Chief Lansdowne has been on TV the last several days calling the complaining witnesses “victims,” just like Dumanis.
Some Interesting Aspects of a Case Involving “Victims” of Sexual Assault
First, notice that people, even those who are extremely well trained in the criminal justice community, like the San Diego District Attorney and the San Diego Police Chief, have already passed judgment on the person accused of these sex crimes by labeling the women in this case as “victims.”
There is no such thing as a “victim” of a crime until a judge or jury decides that there is a “victim,” or until a person charged with a crime pleads guilty to making someone a “victim.”
Thus, it is not fair to the person accused of a crime to have everybody calling these women victims already. A person accused of a crime is entitled, according to the principles of the United States Constitution, to be presumed to be innocent.
A seasoned and experienced trial attorney would seek to ensure that the press, police officers, prosecutors, and judges do not refer to these women as “victims,” but rather as “complaining witnesses.”
The term “complaining witness” is a much more accurate description of them, and is less ‘prejudicial’ to the accused. While it may ultimately be proven that these women were victims of a crime, which would be very tragic and sad, the women should, for now, properly be called complaining witnesses.
Second, it is interesting to note that some of the “complaining witnesses” have already filed lawsuits against the accused and his employer, the City of San Diego, seeking no doubt a lot of money.
This is very noteworthy to a criminal defense attorney because these complaining witnesses now have a financial interest in the outcome of the case. Since they have a financial interest in the outcome of the case, they may tend to be less fair or honest to the accused.
This information, in the hands of a seasoned criminal defense attorney, can be used to show that the complaining witnesses should not be believed, or may be less believable, because they are “only in it for the money,” as the saying goes. For reference see CALCRIM JURY INSTRUCTION 226.
Call the right defender for more information or help with your case
(760) 806-4333
Vista – Escondido – Carlsbad – Fallbrook – Oceanside – Encinitas – Solana Beach – San Ysidro – Chula Vista – San Diego – Carmel Valley – Pacific Beach – Del Mar – San Marcos – El Cajon – La Costa – Leucadia – La Jolla – Mission Beach – Imperial Beach – North Park – Hillcrest– Rancho Santa Fe – Poway – North County – South Bay – Coronado – Miramar – Scripps Ranch – Rancho Bernardo
This page is also available in: Spanish