Chief Prosecutor Montgomery County District Attorney's Office
“This cannot be what the law intended,” the presenter thought to herself. Can a confessed child molester get away with abusing an infant, just because the child is incapable of outcry? What happens when the defendant is the only one who tells? Enter the corpus delicti doctrine. This case study is about a man who confessed his sins to his bishop and wife, but due to the delay, there was no physical evidence of the assault. We will discuss how the common law actually protected abusers, the trends across the country, and how we argued to make a change to the law in Texas to protect our most vulnerable victims.
Learning Objectives:
Understand the corpus delicti doctrine and the requirements of corroborating confessions
Develop investigative and interview techniques to build a strong case in the absence of an outcry
Present compelling good faith arguments that the existing law should be extended, modified, or even reversed
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