What If You Didn’t Do It?

Posted on June 10, 2012 by

(Ed.- Falsely accusing your former spouse of child abuse is a common  tactic in the Family Court System. Don’t be surprised if your ex throws this one  at you. Given the current political and social attitude towards child abusers.  It has become a witch hunt to eradicate these animals from our society. Because  you are going through a divorce the chances that this tactic will be used are  very good. The reason is simple: “If you are accused of being an abuser, then  the kids will go to mom and you will pay through the nose to support her.”)

First, you must fully understand that when defending abuse cases the  accused is guilty until proved innocent. It is arguably the one crime or tort  where the accused must literally try and prove a negative. To do so, please know  that most judges and juries will err on the side of caution – on the side of a  woman’s or child’s abuse outcry. There are three types of accusers: 1.  Malicious 2. Mental 3. Mistaken While only 2%-5% of abuse allegations  are false; ones made in bad faith with malice aforethought, another 60% or more  are unfounded, or without foundation. It is essential that your defense team be  adept at adjoining science with the law. In other words, your case will require  an expert, or experts to work with your attorney  because most attorneys do not understand what source misattributions are, or  what other conditions could cause bilateral retinal hemorrhages, or the  significance of male propensity testing in an abuse case. It is essential you  choose the correct attorney(s) to litigate (notice I did not type mediate) your  case(s) in juvenile, family, criminal, and/or administrative law court. You may  also need a forensic trial expert consultant to work with your litigator(s) and  help she/he/them with questions on Direct and Cross Examination of all  witnesses, especially experts. Impeaching a young child’s outcry of sexual  abuse cannot be done alone by an attorney without an expert reviewing and  critiquing the child’s forensic interview on DVD/Video/Audio/Transcript,  therapists’ session progress notes, medical rape exam report, and CPS/Police  Intake notes, reports, et al. Lawyers can only conduct cross examination and  recross of adverse witnesses in court. They cannot issue reports that can come  into evidence on the record and cannot testify in court as experts to reasonable degrees  of scientific certainty. Make no mistake. In cases of he said – she said -  and/or what a young child said – with no proof or evidence, your win or loss in  court may very well come down to a battle of the experts. And I can tell you,  from my 25 years of experience in this field, they are not all created equal.  But, take solace in knowing that an aggressive and proactive defense team and  strategy can intimidate and force the prosecution/plaintiff/petitioner into a settlement;  one that not only can clear your good name, but also afford you normal parenting  time with your child(ren).
You should realize the impact that child abuse  allegations or charges may have on your life. As a suspect in an abuse case, you  may have your child or children removed from your care, lose custody or  visitation rights, be arrested and jailed, ruin your future career prospects,  and in some cases, have friends and relatives turn against you. If it is a  sexual abuse charge, add to the list having criminal charges filed against you,  your name added to a Central Registry of potential child abusers, and label  yourself a sex offender.
This is all before you have been convicted,  possibly not even charged with anything, and are supposedly presumed innocent  until proved guilty. You may find yourself fighting charges in civil, criminal  and juvenile court, sometimes all at the same time. If convicted, you may be  sentenced for up to life in prison depending on the charge and the state in  which you are convicted.
To make matters worse, a San Diego Superior  Court Judge recently ruled that hearsay is now admissible as evidence in cases  of child abuse. What this means is that the standards of evidence required for  common criminals don’t apply to child abuse cases. It is important to deal with  the issue of child abuse in our society. But denying individuals their  Constitutional rights and due process of law to that en d is no t the way.

WHAT  ABOUT THE CHILDREN?

You should be aware of the problems the child in an abuse case may face.  They may be separated from you for long periods of time. Years of separation are  not uncommon in these cases. They may be subjected to various physical and  psychological examinations.
During the interviewing process, they may be  turned against you and eventually come to believe that something really did  happen (Ed. – Case in point is the McMartin case where the “ethical”  professionals guided the interrogation of the children to build their case.  These are the same tactics used in POW camps as psychological warfare. All in  the “best interest of the child” mind you!) Poorly trained interviewers often  “coach” a child into giving the answers they want. The child may become confused  by the leading format of the questioning and try to give the answers they  believe the authority figure wants to hear. The child becomes labeled an “abused  child” and may be subjected to psychological treatment, furthering their belief  that something must have happened.

THE  SYSTEM: WHAT YOU’RE UP AGAINST

The legal system is set up to protect the child at all costs. The theory  in general is, if a judicial mistake is made, let it be on the side that assures  the safety of the child. This is a fact that can greatly hurt you and your  child.
From the moment an allegation is made, you will generally be  treated as guilty and separated from your child. Most interviews are conducted  with the assumption that something did occur. An unbiased investigator is rarely  seen. Most interviewers are trained to believe that children don’t lie,  especially in divorce and custody situations.
The Court tends to believe  the “experts”, even if the “expert” is a poorly trained social worker or a  physician who has never had experience with an abuse case. A small child’s  testimony about an event that supposedly occurred up to several years before  your trial is enough to convict you in many states, even if no other evidence of  abuse exists. The attitude of the public and the media towards an abuse suspect  is usually hostile and prejudiced in a trial situation.
THINK BACK  TO YOUR OWN FEELINGS WHEN YOU READ ABOUT A CHILD ABUSE CASE. THIS IS WHAT YOU  ARE UP AGAINST NOW!

ASSESSING  YOUR SITUATION TODAY

  • Have the allegations become worse since they were first made?
  • Does my attorney have a successful defense record in handling child abuse  cases? How much experience does he/she have in dealing with this type of  case?
  • Have I arranged for experts who are nationally recognized in the area of  child abuse to testify for my defense?
  • Have I taken aggressive, effective action in destroying these allegations or  have I just been reacting to what the other side is doing?
  • How can I improve my situation TODAY?

ADVICE  FOR THE ACCUSED

  • Do have all interviews with the child videotaped.
  • Take all allegations of abuse very seriously from the moment it occurs.
  • Do hire an attorney who believes in your innocence.
  • Do have the child examined by a pediatrician or (if appropriate) a  psychologist of your choosing, if physical or sexual abuse is alleged.
  • Do not rely on the legal system to clear you, even though you know you are  innocent.
  • Do not talk to the press.
  • Do not take a polygraph or lie detector test.
  • Do not take “good advice” from people around you who mean well, but know  nothing about this type of problem.
  • Do not hire an attorney who has not won this type of case in the past.
  • Do not make any Plea Bargains or legal decisions with the prosecutor without  careful consideration. No matter what you are told, you may not realize the  implications of such action.
REMEMBER THAT YOUR ACTIONS WILL AFFECT THE REST OF YOUR LIFE AND  THAT OF YOUR CHILD’S!