Sexual Abuse

Allegations of Sexual Abuse are the most severe and stigmatizing accusations a parent or caregiver can face. In Nashville and across Tennessee, a substantiated finding of Sexual Abuse carries immediate, life-altering consequences: mandatory placement on the Abuse Registry, almost certain loss of custody, and frequently, parallel criminal charges.

Because these allegations are so serious, DCS moves quickly. You need an attorney who understands exactly how DCS defines these acts and how to dismantle their case.

The DCS Definition of Sexual Abuse

DCS investigators use the strict criteria to substantiate these claims. Unlike other forms of abuse, DCS Policy explicitly states: "Sexual abuse is always considered severe." 

According to DCS Policy, Sexual Abuse includes:

• Explicit Acts: Vaginal, oral, anal, or digital penetration; touching, fondling, or intentional contact with genitals, buttocks, or breasts; and indecent exposure.
• Sexual Component: Situations where there is a "clear sexual component," such as taking pictures/videos of children in sexually explicit poses or exposing a child to sexually explicit material.
• Solicitation: Requesting or inviting a minor to engage in sexual activity via spoken word, text, or the internet, even if no act occurs.
• Failure to Protect: A caregiver who has "knowledge or reasonable suspicion of child sexual abuse by another person and intentionally fails to intervene or protect the child".

Commercial Sexual Exploitation of a Minor (CSEM)

DCS Policy also includes a specific category for CSEM. This is substantiated when a child under eighteen (18) is used in exchange for "anything of value either directly or indirectly."

• Crucial Legal Distinction: DCS notes that "Force, threat or coercion is not a factor" for CSEM. 
• Risk Factors: Investigators can open an investigation based on "reasonable suspicion" indicators like a child having large amounts of cash, hotel keys, unexplained new possessions, or an "older boyfriend/girlfriend".

Why You Should Hire Us to Fight Your Case

Sexual abuse allegations often arise during contentious divorces or custody battles, or result from misunderstandings of innocent behavior. Because DCS considers these allegations "always severe," the margin for error is zero. 

Sexual abuse allegations almost always trigger a criminal investigation. Anything you say to a DCS case worker CAN AND WILL be used against you by police. We manage your communication to ensure you do not inadvertently waive your Fifth Amendment rights while trying to "explain" yourself to DCS.

Your future and freedom are on the line. If you or a family member has been accused of sexual abuse or CSEM, contact Nicholson & Hall, PLLC immediately.