Sexual grooming is a process usually done before a child is sexually abused. A groomer prepares and manipulates a child into trusting them before exploiting them sexually. The groomer's strategies may seem harmless, but they have detrimental effects.
They desensitize the minor towards inappropriate behavior. As a result of this manipulation, it becomes hard for the child to recognize or talk about the abuse they are suffering from. If you are facing charges for sexual grooming of a minor, you should seek the services of an experienced child abuse defense attorney. The state prosecutes sex allegations regarding minors harshly. Therefore, retaining an expert defense team as early as possible is key.
An Overview of Sexual Grooming of a Child
Sexual grooming of a minor is the process by which you befriend a child physically or online, intending to abuse them sexually. Perpetrators prefer doing it online because they can hide behind pseudo accounts.
Groomers use gifts, attention, or emotional manipulation to gain control over a child. They then sexually abuse them without being detected. They may also attempt to build rapport with the child’s family or friends to gain easy access to the child. Grooming is usually a gradual process that makes it challenging to detect. It can take weeks or months.
Places Sexual Grooming of a Child Occurs
Sexual grooming can take place wherever a perpetrator has an opportunity to interact with a child. It can occur in schools, religious institutions, or family settings. Some groomers prefer to work in areas where they are likely to meet children most of the time.
They enter the targeted community as mentors, coaches, or friends. These places are favorable because they create a sense of familiarity. A groomer can fit in and become close to the minor.
Families can also be a setting for grooming. A predator might be a family member or a family friend. In such cases, the groomers have regular interactions with the minor. Trust vested in the groomer enables them to abuse the minor without suspicion.
Grooming can also take place on online platforms. Groomers use social networks, games, and text messages to access children. They create fake accounts to be friends with the child or someone related to the child. They use these sites to begin communicating with the child, gain their confidence, and single a minor out. Online grooming is the most severe type, as it is a challenge for parents or guardians to notice.
Grooming also occurs in public spaces such as parks and malls. There is a potential risk where a child is left unattended or vulnerable. Groomers initiate interaction with the child, extend help, or even give them presents to make them listen and follow their instructions.
The Purpose of Engaging in Sexual Grooming of a Child
Sexual grooming is done to prepare a child for sexual exploitation. Groomers use this process to lower the child’s defenses and gain their trust. This way, no one will detect their actions even as they manipulate the minor to comply with their sexual wants.
Groomers also make the minor feel special, unique, or even different from the other children in their peer group. When the predator does this, the child is emotionally controlled. This makes it hard for the child to resist the sexual exploitation or report the abuse.
Grooming also involves desensitizing a child to inappropriate behavior. This includes exposing the child to sexual content or normalizing inappropriate contact. The predator may also use threats, guilt, or shame to keep their control over the minor.
Grooming Behavior That Predators Exhibit
The grooming process can vary from predator to predator; however, there are some common tactics that groomers use to exploit children. Some of the common grooming behaviors include the following:
Building Trust
Grooming starts with creating a bond with the minor. This may include showing excessive interest, acting as a mentor, or providing emotional support to make the minor feel valued and understood.
As an example, John, who is 37, notices that Mary, who is 7 years old, is left to stay at the park unattended for hours occasionally. Therefore, he befriends Mary, telling her he understands her feelings and that nobody cares for her except him. This makes Mary let her guard down and trust John because he seems to care so much about her.
It will be easy for John to sexually groom Mary because he has captured a void in her. This makes her feel that John truly cares for her.
Befriending Families
Groomers build relationships with families to gain access to the minors. While at it, they are more interested in forming bonds with the minors than the adults in the family.
Fixation on a Child
Groomers focus on one child, giving them more attention; for example, in a football team, the coach may exhibit behaviors of a groomer if they show so much interest in a particular child than the rest of the group. They might tell them that they should come for extra lessons alone so that they can perfect their talents. This is in an attempt to groom them for sexual exploitation.
Giving Gifts to the Minor
A groomer may give a child gifts, money, or special privileges to win their favor. These gifts make the child feel indebted to the groomer. Therefore, the child will think that they have to engage in sexual activities with the groomer.
Encouraging Secrecy
Grooming is illegal; therefore, predators would want everything they do kept secret and private. For example, Jack, 25, teaches his younger sister Dorcas, who is 10 years old, how to touch herself inappropriately, and then he tells her that that is their little secret.
Jack here is grooming his sister to prepare her when they can have sex in the future. Encouraging secrecy helps isolate the child and reduces the possibility of bringing discovery.
Isolating the Minor
For their actions to remain undetected, groomers try to disconnect the child from their friends, family, or other trusted adults. They do this by manipulating the child emotionally, making the child feel like they can only trust the predator.
Tickling and Wrestling
Sometimes, groomers can pretend to play with a child while partaking in activities such as tickling, roughhousing, and wrestling. These activities offer a leeway to inappropriate touching. Groomers could use this chance to touch the child sexually.
Bathing or Dressing the Minor
While acting as caregivers, groomers always prefer to partake in the bathing or dressing of a child. They tend to normalize touching the child’s genitalia while bathing and dressing them.
Walking in on Private Moments
Some groomers deliberately enter a room when the child is dressing. They can also intentionally walk in while minors are in the washroom.
Signs that a Child is Undergoing Sexual Grooming
Knowing what grooming looks like is critical to knowing how accusations against you can develop. Grooming starts with innocent behaviors but can turn out to be worrisome.
One of the most apparent signs of grooming is excessive attention a child receives from the perpetrator. A groomer may develop a seemingly excessive interest in a child. They may compliment the child often, telling them they are unique and giving them special treatment. The child may feel valued; however, it is a tactic to gain their trust and let their guard down.
Isolating a child is another sign of grooming. If the perpetrator is a caregiver, they might restrict the child from interacting with other children or families. This isolation helps the adult to have much control over the child. Their behavior is not easily detectable if the child is not interacting with other people.
Another sign that a child is being groomed is when they bring home unexplained gifts or money. Groomers use gifts to pressure the child to continue the relationship with them. The child feels they should remain loyal and do what the groomer wants. This makes it hard for the child to set boundaries.
A sudden change in the child’s behavior or mood is also a sign that a child is undergoing sexual grooming. A minor may become withdrawn, anxious, or secretive as a reaction to pressure and manipulation from the groomer.
Also, unexplained fear, poor performance at school, or sudden changes in emotions can indicate sexual grooming of a child.
Statutes Against Sexual Grooming
‘Grooming ‘ itself is not an individual distinct offense; instead, the prosecution uses other related laws to charge you depending on your behavior and intent. Some of the laws that can be employed in California to prove that you committed sexual grooming of a child include the following:
California Penal Code 288.3
Per Penal Code 288.3, it is unlawful for you to communicate with a minor to convince them to partake in specific sexual crimes. This law encompasses cases where the communication is through a phone call, text message, or messaging app.
A perpetrator does not necessarily have to touch a child. If the prosecution can prove that you intended to groom a minor for sexual abuse, then they could convince the judge to convict you.
If convicted, you could be sentenced to serve time in prison equivalent to the crime you committed, pay a $10,000 fine, and register as a sex offender for life.
California Penal Code 288.4
Penal Code 288.4 makes it a crime to arrange a meeting with a minor for sexual misconduct. Even when the meeting is not held, you could be convicted for even thinking of convening such a meeting. The prosecution can prove you are guilty by presenting text messages, emails, or any other form of communication.
You could be charged with either a misdemeanor or felony, depending on the circumstances of your crime. If convicted, you could face up to 1 year in jail and pay a $5000 fine. You could also be sentenced to 16 months, 2 or 3 years in prison, and pay a $100,000 fine for a felony conviction.
California Penal Code 273a
Per Penal Code 273a, you could be convicted to face punishment if your alleged actions put a minor in danger or caused them emotional distress. If found guilty, you could be sentenced to serve up to 1 year in jail and pay a fine of $1000. If found guilty of committing a felony, you could be sentenced to serve two, four, or six years in prison and pay a fine of $10000.
California Penal Code 311.11
Per California Penal Code 311.11, it is a crime to send or view sexually explicit material to prepare a child for sexual abuse. A conviction could see you face 8 years in prison and pay a fine of $100,000.
Legal Defenses to Sexual Grooming of a Child Accusations
Sexual grooming of minors is deemed life-altering in California, mainly because of the harsh penalties if convicted. Most of these accusations are based on mere suspicion or motive. You, therefore, want to know how to defend yourself if you are accused of this crime. Some of the defenses to the sexual grooming of a minor include the following:
You Did not Intend
You are only guilty if you engaged in grooming to prepare the child for sexual abuse. However, if the accuser misinterpreted your intentions or you can prove a lack of criminal intent, you could convince the judge of your innocence. Your lawyer could argue that you were just acting as a kind person to the child rather than grooming them.
Mistaken Identity
In online grooming cases, the accused might not have been the one communicating with the minor. Your lawyer could argue that it was a case of identity theft, hacking, spoofing, or misidentification. This could raise doubt, convincing the judge of your innocence.
Entrapment
You could argue that law enforcement officers forced you to engage in the sexual grooming of a child without your free will. You must have acted willingly to be declared guilty of the crime. However, if you prove you were forced, you could challenge the charges against you.
Insufficient Evidence
The prosecution must prove every element of the crime beyond a reasonable doubt for you to be convicted. You could argue that the texts and emails presented had insufficient evidence to support the charges against you.
Find a Child Abuse Defense Attorney Near Me
Child abuse cases usually carry severe punishments, especially sexual abuse cases. If you are accused of sexually abusing a child, you want to seek the services of a competent defense lawyer to counter the charges against you.
At the Law Offices of Jonathan Franklin, we dedicate our practice to representing clients charged with child abuse or related offenses across the Los Angeles area. Contact us today at 310-273-9600.
