False Allegations Of Sexual Abuse

False allegations of sexual abuse are potentially the most damaging allegations one can face in a custody dispute. The best and only way to deal with these allegations is to be methodical, scientific, and strategic. This will ensure that you are cleared of any wrongdoing, if that is in fact the truth. If left to the courts, false allegations of sexual abuse in a child custody dispute can extend over many months.

Sexual abuse allegations and child custody disputes are like oil and water. An allegation of sexual abuse triggers a number of investigations, depending on your state's policy and laws for dealing with these types of issues. Usually it involves an investigation by DCF or social services, secondly, the local police, and possibly the state police. A multidisciplinary team who specializes in investigating allegations of sexual abuse is often introduced, too.

The two most indispensable professionals you will need are: an attorney and a forensic psychologist. The reasons are explained below:

1) First, an examination of your child by the child's pediatrician may be helpful. In addition, being prepared to meet with the pediatrician prior to the exam and explain the nature of the sexual abuse allegations may be warranted.

2) Hire a forensic psychologist. Why? This type of professional will work on your behalf to ensure that appropriate scientific procedures are followed in conducting the sexual abuse assessment. Should they not be followed, you have a credible expert to offer a counter-opinion on your behalf regarding the false allegations. I have seen several cases in which an unqualified professional made false conclusions about allegations of sexual abuse, and because they were not contested by an appropriate professional, they were entered as fact!

3) Ask your attorney to file a Motion For Psychosexual Evaluation, so that you can undergo a psychosexual evaluation as soon as possible. This will offer additional neutral data to prove that you are not a perpetrator, if you are innocent. This can be the most credible source of data to disprove the false allegation of sexual abuse. It is likely that this will be requested later in the process, so it is best to take immediate action to enable you to have contact with your child(ren) again soon.

4) Cooperate with any police investigations and social service investigations.

5) Do NOT submit to a polygraph test or plythysmograph test because they do not meet standards of scientific admissibility. In addition, you risk a reading that is not only a 'false positive' but also invalid. Your attorney can legally challenge any requests for these tests. Sometimes these tests are used incorrectly to prove you are lying about the allegation of sexual abuse.

6) The most critical point is to continue having visitation with your child during the investigation process. To accomplish this, you may have to proceed with supervised therapeutic visits with a competent professional during the period of assessment and investigation of the allegation of sexual abuse. This is an added burden, but it protects against future allegations that your attachment is lost because of a loss of contact.