NC Fathers Rights

NC Tactical False Allegations Of Child Sexual Assault And Molestation

False Allegations Of Child Sexual Assault And MolestationBefore we begin our article on false allegations of child sexual assault and molestation in North Carolina, it is important to remember that NC Fathers is NOT a law firm and nobody in our organization is a lawyer. Having said that, NOTHING in this article should be taken as legal advice. If you are accused of Child Sexual Assault And Molestation then you should immediately contact an attorney. It should also be noted that this article ONLY addresses cases where there are no witnesses or any physical evidence of abuse and the case is solely circumstantial where a parent makes the allegation or a child makes it. Certainly, in cases where physical evidence or credible witnesses exist, this article is void. Furthermore, It should also be noted that our team of bloggers had serious debates on whether this article should even be written because undoubtedly there will be significant blow back on this article because of the topic. However, after careful consideration we decided to write our thoughts on this issue because the reality is that false allegations of sexual misconduct on children are becoming more and more common by malicious parents who use these allegations as a means to either win a child custody battle, or overturn a custodial decision by a Judge in a past child custody decision. Furthermore, it should be noted that this article is written from the perspective of Men who are accused of child sexual assault or molestation because that is the most frequent scenario, but we do recognize that many Women are or will have the allegations used against them in the NC Family Courts. NC Fathers does not believe that tactical false allegations of a sexual nature are as common as false allegations of domestic violence which has reached epidemic proportions, but it is our belief that this is starting to happen on a more frequent basis.

child sexual assault and molestation forensic interview

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More About Manufactured Child Sexual Abuse Allegations Here

Our organization also wants to make it painfully clear that custodial fathers face an enormous statistical likelihood that a false allegation of this nature will be used against them in an effort to overturn a custody decision.

In short, a false allegation of sexual assault or molestation on a child is a death sentence regardless of whether the allegation is found to be true, or whether it is found to be false. If true, then nobody within our organization expects anything less than life in prison without the possibility of parole. However, in cases where a false allegation is found to not be true, the lifelong consequences are permanent as it will always mean a loss of career, ability to ever see your children again (in most cases), a loss of reputation, bankruptcy, and likely some level of past traumatic stress disorder.

It should be noted that allegations of child sexual misconduct has the highest conviction rate, and we are going to provide a scenario that shows why this is a fact. Consider this scenario:

Shortly after the attack in New York on 9/11, people in the area were consumed with extreme levels of anger and outrage after it was revealed that the attack was a terrorist attack committed by Muslim Men. It is conceivable, if not probable, that because of this level of shock and outrage, it would have been very easy to point to anyone on the street who appeared to be of middle eastern culture and accuse them of being a part of the attack which would have led many to seek immediate revenge without due process. This mentality is exactly why convictions of sexual misconduct on children come so easy. Because of the abhorrent nature of the accusation, jury members often find themselves in a position of “he said, she said” and it’s easy to send an innocent person to prison over protecting a child.

Law enforcement, District Attorneys, and Prosecutors know this and that is why any accusation usually always results in being arrested, charged, and convicted.

In addition, law enforcement, social services, and prosecutors are taught that children never lie, and while that may be true, it is very easy to coach a child into saying something that leads to sexual assault charges.

child sexual assalt and molestation allegations on the rise

In a case where a Father bathes or changes a diaper of a 3-4 year old, it is very easy over a year or two for a malicious parent to ask the child “does daddy touch you down there?” or ask the child “does it tickle when daddy touches you down there”, or say “Daddy should not be touching you down there for any reason.” If this is repeated over and over, as the child gets older she could easily say to a social services agency or school counselor that daddy is touching me down there.  From there, imprisonment and social excoriation is but hours away.

The NC Child Sexual Assault and Molestation Forensic Interview

In most forensic interviews of children who are making sexual assault accusations (or a malicious parent), there are questions that law enforcement and other professionals ask that are supposed to tell if a child is perhaps making things up or has been coached. This is why most forensic interviews are video taped. However, it is important to keep in mind that there are those in law enforcement, social services, and the courts who believe that we must always prosecute EVERY accusation, but this is likely because they know that juries have a hard time believing anything the accused has to say over a child. Now having said that, there are those in law enforcement and within the courts who simply want to get at the truth. If you are the accused and you do not have an attorney present during the forensic interview who demands that these questions be asked, there is NOTHING preventing law enforcement or social services agency from asking leading and coaching questions.

Typically, those that simply want to charge, imprison, and socially excoriate the accused without any evidence are what we called “child savers” and they typically will have some motivation or agenda associated with the conviction. This could be a District Attorney about to face an election where he/she wants to use his/her conviction rate for child molesters to get re-elected, or a law enforcement officer who wants to be a hero within his/her community and get promoted.

It is also important to note that in when an allegation of child sexual assault or molestation in made in North Carolina, law enforcement will ask the accused to take a polygraph test which reportedly will have some determination on whether an arrest or charge is made. However, this polygraph is not admissible in court. In short, a polygraph can be used at the law enforcement level to decide if an arrest is made. The problem with this is that defense attorneys tell those that may be facing a false accusation to never submit to law enforcement polygraph even if you want to. However, law enforcement sees this as an admission of guilt and an arrest will be made. And, as we noted earlier, that arrest, even if found not guilty, will prevent you from ever working again and living a normal life.

Another reason that conviction rates are so high in these cases, and probably why a malicious parent will make an accusation or coach a child to make a false accusation (one that the child believes because he/she was trained to associate non-sexual contact like applying medication, bathing, or diaper changing to that of a sexual nature) is that accusation of child sexual assault and molestation is typically over charged resulting in the accused looking at spending life in prison. In these cases, it is not uncommon to see an innocent person plea bargain to a lesser sexual charge to avoid lengthy prison terms.

This is a difficult topic for sure because we know that child sexual assault and molestation does happen which has resulted in public outrage. Unfortunately, it is also VERY easy to manipulate children into believing that non-sexual touch by a Father performing routine healthcare or bathing is inappropriate. Then, when a child enters school, as part of mandatory training in North Carolina, teachers will educate children on these things and it is very likely that some teacher gets uncomfortable about something a child says and makes a mandatory report. This is especially true if there is a malicious parent standing over the teacher crying and saying something is going on.

It should also be noted that law enforcement and social services DOES NOT BELIEVE THAT A MALICIOUS PARENT WOULD LIE ABOUT SOMETHING LIKE THIS BECAUSE OF THE STIGMATIZATION ASSOCIATED WITH IT. Clearly, these professionals have never been in family courts where false allegations of everything under the sun is common practice.

Again, if you are facing a false allegation of child sexual assault or molestation in North Carolina, it is vitally important to immediately hire a VERY experienced attorney who has been practicing for decades, and do everything possible to cooperate with law enforcement within the boundaries your attorney advises. Just keep in mind that is this allegation does happen, and law enforcement asks you to take a polygraph but your lawyer advises against it, your going to be arrested, and your name plastered all over traditional and social media that will be there for life even if you are found not guilty.

Your Thoughts On False Allegation In These Matters

Do you believe that allegations of child sexual assault and molestation involving a parent and child should immediately result in arrest and be prosecuted legally absent any evidence or witnesses, or should the usual investigation process happen before any arrest is made?

Do you believe that a parent is capable of false allegations, coaching, or encouraging a child to remember an incident where the other parent touched the child in a non-sexual way during diaper changing, applying medications, or bathing in the hopes that the child would tell someone he/she is being touched? Would your view of this matter is the parents were involved in a NC custody battle, or where the accuser recently lost custody?

If you are a NC father or female in the paternal family, how will this article affect you in the future when you are caring for your child?

Do you believe that law enforcement, prosecutors, and social services automatically send these cases to the courts absent any evidence because they know a jury will always side with a child?

What are some ways that parents can use to minimize the risk of a false allegations of child sexual assault or molestation, or are there any besides never being around your child?

Have you experienced incidents in the past where another parent encouraged children to think or act a certain way around you in the hopes of winning their greater affection? And if so, is this a precursor to that parent using a false allegation in these matters.

If you are someone who can’t believe that we are writing this article and helping men and fathers to beat a child molestation charge, would your view of automatic arrest and prosecution change if it were your son, brother, or husband?

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September 29, 2013 - Posted by | Uncategorized

12 Comments »

  1. I had a detective once tell me to never, ever, under any circumstances date a single mother with children under 18 for this very reason.

    Like

    Comment by WLS | September 29, 2013 | Reply

  2. This is scary stuff, surely there has to be a way to be tough on sexual assault on children while maintaining the integrity of good law enforcement and the accused rights?

    Like

    Comment by Gambril | September 29, 2013 | Reply

  3. I have a love / hate relationship with this website lol. Having read this now I am scared to even be around my daughter, but then again I AM THANKFUL for you guys not being scared to cover provocative topics that are dead right.

    Like

    Comment by Christian in Carteret County NC | September 29, 2013 | Reply

  4. My husband has had two allegations of molesting his children by a vindictive ex-wife and it was clear during the interview of the child that she encouraged him to make the accusations. Of course the cops did nothing to her, and the courts did nothing to her. To me this is the pinnacle of child abuse.

    Like

    Comment by Dawn | September 29, 2013 | Reply

  5. Like

    Comment by Naverra | September 29, 2013 | Reply

  6. Prime example of a “child saver” gone wild…

    Like

    Comment by Navin R. Johnson | September 30, 2013 | Reply

  7. It does not have to be a parent of a child to do this either. My children’s mother fought the courts that I did no such thing. Both of my children said I did no such thing but because a social worker believed that I did do it because I patted my daughters bum at a football game as in good job they said I did. Took her to have a physical done at the age of 8 with neither parent there or consent. Now after 3 years all charges were dropped but I still cannot find a job because of the stigma in the community even though I was cleared. I freaking hate Onslow County DSS\CPS and hope they all rot in hell.

    Like

    Comment by jason shupe | September 30, 2013 | Reply

  8. I am a therapist in California and I have been working with fathers since 1985 who have been falsely accused of molesting their children. I salute this site for working so hard to present these issues in a coherent manner and to have this video as a prominent feature. May I use this video for training purposes?

    Like

    Comment by Carol Marks | December 2, 2013 | Reply

    • Hi Carol,
      The two videos in the comments section are not our videos, we just shared them from Youtube. In the lower right corner of the videos is a link to watch on Youtube as opposed to our site and then you can see which organization put them on Youtube.

      But with that said we appreciate your work very much!

      Like

      Comment by stompkinsnc | December 2, 2013 | Reply

      • Thank you for your kind words. I have actually been enmeshed in this issue from the day in 1985, when my client told me about his ex wife accusing him of molesting their 18 month old daughter. Mother worked for CPS in the sexual abuse unit, and knew exactly what she was doing. Since that time, I have spent most of my professional career working with men who have been falsely accused of molestation. Initially, most were in high conflict divorce custody cases, but currently my work involves more criminal cases, which have even more severe consequences. Thank you for having this excellent site and for the work that you are doing.

        Like

        Comment by Carol Marks | December 2, 2013

      • Yes, these types of allegations are actually very common in high conflict custody battles, a fact not many people understand. I’m a custodial father of a 3 year old girl. I change her diaper 7+ a day, apply medication to her private areas, many times have to go in to get some particular nasty situations.

        I worry daily that when she is old enough to talk and in school and when asked “does dad touch you down there” – the answer will undoubtedly be yes. We all know what happens from there. But with mothers we just automatically assume she is doing necessary child care.

        Like

        Comment by stompkinsnc | December 2, 2013

      • You are so right. While the law clearly states that the touch must be for the purpose of arousal of the child or self, that is rarely even considered. I am so sorry that this issue just can’t get the traction it needs in order to have significant consequences for the false accuser. There are a plethora of studies that speak to the importance of a father in a child’s life, and, yet, the removal of fathers from a child’s life seem to be a mission for some professionals.

        I believe that if all of the groups that are working on this issue were to join together, the potential of change and accountability would be much more likely..

        Like

        Comment by Carol Marks | December 2, 2013


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