SEXUAL ASSAULT CHARGES AND ALLEGATIONS OF CHILD RAPE ARE DISMISSED ON DAY OF TRIAL, AS ATTORNEY PATRICK J. NOONAN WAS ARMED WITH EVIDENCE SHOWING THE VICTIM WAS SEXUALLY ABUSED BY HIS BIOLOGICAL FATHER, AND NOT THE DEFENDANT.
The alleged victim (A.V.) was the Defendant’s step-son who he helped raise since the child was very young. Defendant and A.V.’s mother divorced. After the divorce, Defendant had no contact with A.V. or his ex-wife. Approximately seven years later, A.V. accused the Defendant of sexually abusing him even though he had not seen him for many years. Through investigation, Attorney Patrick J. Noonan learned that A.V. had a long history of engaging in sexually inappropriate behavior. A.V. got into trouble in daycare for engaging in sexual behavior with other children. A.V. got into trouble for engaging in sexual behavior with a neighbor. A.V. got into trouble, several times, at school for engaging in sexual behavior with other kids. Whenever A.V. got into trouble for his sexual misconduct, he was sent to therapy. Eventually, A.V.’s sexualized behavior escalated to the point where he sexually assaulted another student and, as a result, A.V. was criminally charged for his conduct. When A.V. was being interrogated by police after being charged for his own criminal conduct, A.V. accused the Defendant, for the first time, of sexually abusing him, even though A.V. had not seen the Defendant in seven years.
Result: Attorney Patrick J. Noonan conducted an investigation and gathered records of A.V.’s therapy sessions with various social workers and mental health counselors. Attorney Patrick J. Noonan discovered that A.V.’s counselors believed that A.V. was being sexually abused by his biological father, and not the Defendant. Attorney Noonan obtained records from the Department of Children and Families showing that A.V.’s mother reported her concerns that A.V.’s biological father might be sexually abusing him. On the day of trial, Attorney Patrick J. Noonan had two of A.V.’s therapists ready to testify that, in their opinion, A.V. was being sexually abused by his biological father, and not the Defendant. Attorney Noonan was prepared to prove that the real abuser was A.V.’s biological father, not the Defendant. Attorney Noonan was prepared to show that A.V. had a motive to falsely accuse the Defendant of abusing him because A.V. was too afraid to tell police or others that it was his biological father who had been abusing him.