FALSE ALLEGATIONS OF CHILD ABUSE

Disproving false allegations of child abuse is one of the most difficult issues to overcome. Disproving becomes the method of how to beat child abuse allegations. This is why it is critical to act fast and have a strategy. If nothing else, Remember This Maxim: The more time that passes between the allegation and your effort to disprove it, the more difficult it becomes.

There are a number of ways to handle any false allegations of abuse you may be facing.

One way is to bring the child to their pediatrician for a general exam. You can even say that you are facing false allegations of child abuse. This is a Clean Bill of Health approach. Better: Bring another responsible adult with you (someone who could submit a signed affidavit). Get a letter from the pediatrician stating something as simple as, “Mr./Mrs. Smith brought Susie for a check-up today. I am aware there have been allegations of child abuse. She has no injury or illness consistent with physical abuse.”

Take photos of the child which are dated and e-mail them to your attorney (this dates them, too)

False Allegations of Sexual Abuse

These are absolutely the worst false allegations of child abuse to confront, because it takes a vast effort and investigation to “make sure” nothing happened.

These allegations also tend to bring in multiple agencies, including law enforcement, social services, a forensic interview team from a hospital or mental health agency, and sometimes the Emergency Room. I strongly recommend hiring a forensic psychologist to help you address these false allegations. The following story illustrates why:

Several years ago I was hired by a young man who was separated from his girlfriend. They had a child together who was 2 at the time. His girlfriend made allegations of sexual abuse because of some statements the child made about genitals and such. The father was legally cleared criminally, but was not by social services. By the time he came to me he had ZERO contact with his son in over a year. Six months later, we were able to reverse the social services findings through an appeals hearing, but then had to go to family court. The Guardian Ad Litem (GAL) took the testimony of the child’s therapist over mine and submitted a report to the Judge contradicting my testimony and findings. [after an exhaustive investigation I was sure the father had done nothing]. At my last communication with the father he still has no contact with his now 4 year old son. Even worse, contact remains deadlocked with a restraining order enforced by the Family Law Judge.

The moral to the story: Time Matters. With more time and getting involved earlier in the game, the social services investigation could have easily been defeated, the false allegations of abuse could have been defeated, and the outcome would have been much different. With all the time that went by, everyone (inappropriately) made up their minds that the father was an abuser. I also think the Judge and the GAL were not well informed on these issues, and definitely not open to even supervised visitation. There is no logical reason for this, but it shows how matters can take a very bad turn when they are allowed to run on endlessly.

What To Do/ What May Occur:

Speak to your attorney!

The next step involves preparing for the interviews by all the investigating parties. Have the child evaluated by a neutral forensic psychologist who specializes in assessing sexual abuse allegations. Your attorney will probably have to request this formally in court.

You may need to voluntarily submit to a psycho-sexual evaluation to determine any proclivity towards sexual abuse.

If nothing really happened, then the investigation should end here.

What Not To Do:

Do not submit to a polygraph test; it has been shown to be scientifically unreliable.

Do not submit to a plethysmograph test; most courts have considered it to be scientifically unreliable.

Do not joke around, be sarcastic or make ridiculous statements because you are mad. They could be used against you one way or another.

Do not violate any temporary restraining orders or visitation orders.

False Allegations of Domestic Violence

Documentation & Witnesses are very important for these types of false allegations. You need to keep records of your location, with whom you were spending time, etc. This will easily prove that you were not with your ex-spouse and did not harm her/him. Always keep your credit card receipts-they may be very useful here.

Under this umbrella also falls “emotional abuse”. This is one of the hardest "false" allegations to prove because it leaves no visible mark. However, if your spouse is in counseling and has been reporting this type of domestic violence over the course of several months or longer, his/her therapist could be deposed and serve as a witness against you. Although this does not mean that the emotional abuse actually happened, it is something to be considered.

In this day and age, e-mails also may serve to track emotional abuse. If you have written multitudes of e-mails using curse words, threats, etc. then these constitute very solid data that can be used against you. The opposite effect will be achieved if you have, instead, shown patience, been ready to compromise and made attempts to have cordial communication.

Expecting False Allegations Of Any Kind

Sometimes the best offense is….A strong DEFENSE. If you’re expecting a false allegation of child abuse, it may be helpful to voice your concern especially to a professional from the court involved with your case, a child protection agency, or with the local police, etc. For example, if you have been accused of drinking and social services has investigated you, and you think the next false allegation is going to be worse, call the investigator on your case, and let them know more about your situation, and the type of retaliation you are expecting because of the first false allegation and the possible second. If that call does come, they will be have forewarned and you will appear more credible.