Divorce/Custody Proceedings + Child Molestation Proceedings= False Convictions

Studies show that the majority of child Sexual Molestation accusations that are claimed in child custody disputes are false. Look at this article/blog for the studies. Think about it, it makes sense. If you are desperate to keep your children, as most people understandably are, and are worried that they will be taken away from you, would you do the one thing that you knew would allow you to keep them? Facing allegations that a parent has molested or abused a child, what publicly elected official is going to grant any sort of custody to that parent? Exactly, no judge. That parent is straight-up out of luck.

However, once charges are brought against that parent based on these false claims, not only have they lost the right to see their children, but they are risking spending the rest of their life in prison. But, there are ways to fight these false accusations. It is important to find professionals who are experienced in defending against these false allegations.

David M Cantor is a sex crimes lawyer out of Phoenix Arizona and is a Supporting Member of the NCADRC.

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165 Responses to Divorce/Custody Proceedings + Child Molestation Proceedings= False Convictions

  1. suzie says:

    my husband did molest my kids. dyfs ( children services) was called and they took my kids. Now the are going to give them back to their father. The one that has been hurting them. He has money and I do not. Can any one tell me what to do. Seems like money always wins out whether right or wrong. If dyfs gives him those kids back the same thing is going to happen. Someone please help me, I am going out of my mind. and I don’t know where to turn. Desperate to help my kids and get them back with me in a safe loving environment. thanks

    • admin says:

      Dear Suzie,
      There are cases where DYFS makes no sense. I am assuming he will be getting the children back because they think you caused false allegations. Depending on how the allegations came about, there may or may not be things that can be done. Genuine abuse is a terrible thing. This organization realizes that there are injustices on both sides of this issue and that is why we advocate “SCIENCE” so strongly. Feel free to call us to see if we have any suggestions for you.

      Kim Hart
      National Child Abuse Defense & Resource Center

      • must protect for safety there is no justice when you run out of money says:

        What exactly do you mean by science…. My son was molested by biological father since he was 2 to 5 1/2 yrs old in then kindergarten nurse told me do something about it he can not even sit on his chair he is in pain the police arrived to file the report and told me do notnot let him take the child even if is his turn to have himm….but i did and the police report got filed to the first cry out he did when my boy was two…. Which all the sudden they closed…then i received a call from an investigator that told me the judge is going to give the full custody of your son to his abusive father if you let him keep him you will be in agreement with him to keep hurting the boy…i guess the judgebdid an agreement with the boys fahter the molester…

        • admin says:

          There are genuine experts who are specialists in this area and scientifically driven that may have been available to your lawyer.

          Kim Hart
          Exec. Dir.
          National Child Abuse Defense & Resource Center

  2. GMA says:

    My complements – this is a great site.
    As a person who was charged with aggravated sexual battery against a minor child in Virginia in 1985 (my biological daughter) for, as the charge read, “rubbing the back of my neck against my daughter vagina while my daughter was fully clothed while transporting my daughter” and the fact that I took the recommendation of an inexperience attorney and accepted a plea bargain of “continuing the case for five year on probation” (the case was dismissed in 1990) I recommend that anyone charged should seek an experience attorney who has experience with these cases ASAP (I can’t stress this enough).

    As someone that experienced this and has lived with the aftermath for 25 years, I can, from experience, share that the process is a life-changing event. The roller coaster of emotions is unbelievable, the probability that friends, colleagues, and relatives will lose their trust in you is high, the probability of loss of income is also high, and there is a high probability that (and this is what happened to me) your family will end in a divorce and, most likely, a lost of child custody and/or all contact (two biological daughters – I lost contact with the alleged daughter for 18 years and I continue to have mistrust in her presence (though she is a grown female I greet her only with a hand shake and will not be in her presence alone at any time) and the other daughter died (I found out about the death five years after the event)). There is a realistic possibility or relocation and a career change and, most likely, loss of professional credentials, seniority, and reputation (and this is if the case was dismissed or if a verdict of “Not Guilty” is rendered).

    Maybe a support group can be established for survivors of false child sexual abuse allegations can be established.

    • admin says:

      Dear GMA,
      Thank you for sharing your experience and I am sorry you know anything about it. There was a support group 30 years ago but it could not survive and we just do not have the man power or finances to organize one again. It is much more difficult then one realizes.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  3. sarah says:

    my 13 year old son is being accused of molesting my cousin’s 7year old daughter I dont believe he did it and the investigator is saying he’s a victim of circumstance as if he’s already guilty I dont know what to believe the mother of the daughter and i were friends and had plans and than i get a call saying my son molested her daughter but she wants to be friends but than she turns around and starts slandering my sons name before any investigation has even started its been just over two weeks since she told me and she’s already telling people that she cant even stand and the only reason i can think of is because this person welll spread it all over town and back i do believe that this is deliberate slander there is no physical evidence which doesn’t mean it didn’t happen and i want to belive my son because he has a lil sister and other young kids that he has been around all the time way more than this lil girl and there has never been a problem i want to know why all of sudden this is happening the lil girl said it only happened twice i dont konw what to think but there are waay too many variables that are unexplainable and because his father is in prison convicted of 3 accounts of rape with vionlence and he is still fight the charges and has an appeal they are already considering my son a victim of circumstance

    • admin says:

      Dear Sarah,
      Get your son a very good lawyer. Depending on where you are this allegation could have life long consequences such as the registry for the rest of his life. In some states kids are being labeled as juveniles and it will carry forward. Please put your son first, not your friendship with your cousin.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  4. Nicole says:

    I have a male friends who was accused of fondling his stepdaughter 6 years after the incidence supposedly took place when she was a minor. So my question is basically anyone can accuse an adult of sexual assault years later and be found guilty ? His lawyer basically told him admit or do ten years ? I found this situation alarming … no proof word of mouth only by the so called victim? Life sentence on SOR ?

    • admin says:

      Sadly Nicole this can happen and often does. The questions are whether the lawyer knows how to defend these types of cases successfully and whether the defendant can fund the defense to fight it. Sadly lawyers who take these cases for $5,000 in my experience have no intention of taking the case to trial. This is what a call plea fee. A lawyer who is planning on going to trial should tell you about the need for experts and how he/she sees the trial theory progressing. If it ends up being the complainant’s work against the accused (he said/she said) the defendant usually loses.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  5. Matthew says:

    I have falsely been accused of touching my step daughter help please.

    ,

    • admin says:

      You need a lawyer. If you cannot afford one, the court will appoint one. Your PD can also call here if he/she want to talk about your case.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  6. Matthew says:

    I have falsely been accused of touching my step daughter help please.i am a 24 yr old college student in need of legal
    counsel

    ,

  7. Richard says:

    hello;

    My younger brother has recently been convicted of sex crimes, of which he is innocent, against a former girlfriends two children. He has PD representation on the matter. We are currently prepping for a re-trial and could use any advice/help we can get.

    Please use the attached email to contact me concerning your organizations qualifications and mission.
    Not only am I passionate about saving my little brother from having to do a life sentence, but I’m also very passionate about our civil liberties and personal freedoms. I’m looking for organizations to start getting involved with to help others facing these types of situations.

    If you have a mailing list, please feel free to add my email address.
    looking forward to hearing from you…

    Thank you.

    Richard

    • admin says:

      Our mission information can be found at http://www.falseallegation.org. I am assuming you are working towards a motion for new trial and then the appeal. Make sure you investigate the timeframe you have for filing a post conviction petition which is where ineffective assistance of counsel can be addressed if that is the case. PCR’s however are not a matter of right like a direct appeal. Unfortunately you will have to find a private lawyer to do it!

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  8. Shirley says:

    My brother was falsely accused of touching his stepdaughter so that the wife who was having an affair could get half of his assets. Because this was his second marriage his lawyer advised him to just take a plea bargain, go to classes and register as a sex offender, so as not to mess up the lives of his grown adult children. That is what he did. He has paid the price for the last 20 years. Many won’t be his friend, condo associations have denied him housing. He can no longer get a job, and the last straw, one of the few pleasures we enjoyed as a family were cruises and now we have been informed by the Carnival Cruise Line they will not allow him to cruise on their ships. In the state where I live my brother would not have to register as a sex offender any more. He’s done his classes paid his dues and never had an accusation against him, nor caught in any criminal crime. Carnaval will not even let him submit papers to show / help justify his innocence. Are there any suggestions of how I can get in touch with someone from carnival that will listen to or review my brother’s situation so that we may have our brother on holidays with us?

    • admin says:

      Dear Shirley,
      Call our office as I have some questions before I can comment on this. Our number is 419-865-0513.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  9. Anna says:

    my mother was aaleustsd, and both of us where falsely accused by the perpetrator over an assault case,that could have not cause me stress atoll because our power of operation has limitation, where, we have got responsibility to control what we think, feel and act. But we can’t control how or what people can think about us, our constitution have defined clearly the responsibility of the investigation officer, although people sometime are tricky, we were not arrested because of what the accuser said, but because the investigation officer have neglected his responsibility.i would like to say that many innocent people are suffering in imprison, yet the criminal are bossing freely outside, my accuser demanded to discontinue the trail, after all that i have gone through. one year without finalizing the trial, who can really tell me how he/ she felt for the first time that he/she was arrested? i can not express exactly how i was feeling, but our enemies are only Satan, otherwise revenging would have been the best option.

  10. Ashley says:

    Hi my boyfriend was falsely accused and convicted of touching his 1 year old half brother by his bad tempered step dad. Him and his step dad never got along because he was a very abusive man to my boyfriend mother. The step father got tired of my boyfriend disrespect & bad mouthing and figured the only way he could get him out of the house and away from him period is to say he touched his 1 year old brother. The police believed him and locked my boyfriend up without any type of proof. My boyfriend is from a small town and isnt rich at all so he couldn’t afford a lawyer. He was given a public defender that made him take a plea bargain. He was 17 at the time. He did 5 years and been out for a year now on probation. The probation is so tough that he cant do anything, not even find a job! 8 years + of his life ruined just because somebidy lied on him! Now we are looking into lawyers and want to reopen the case and prove his innocence. What would be your recommendations on it?

    • admin says:

      Dear Ashley,
      Do not have false hopes here. Chances are nothing can be done but call the office and we will try to refer a lawyer who will tell you honestly what your options are. Our number is 419-865-0513.
      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  11. dennis says:

    my son was faslely accured of murder case which he did not do and he needs help

  12. MARK says:

    I too have been accused of molesting my two step daughters about 12 years ago. My ex-wife accused me once she found out I was going for custody of my son. I was on supervised visitation for about 1.5 years.
    I hired an expert in child psychology. The State Police investigated the claim by doing forensic interviews with the children and by interviewing the mother. It was clear she was using this as a tactic to get custody. I finally got custody back in 2006.
    My ex had substantial problems and I had to do the work for my attorney. I am a Police Officer and worked non stop on proving my case. She was investigated for Munchausen by Proxy. This is one of the hardest cases to prove, but she lost all rights to take my child to the doctor unless it was a emergency.
    She has now found a new tactic. My son in now 15, and she is coaxing him to move in with her. She has turned my son against me and he believes he doesn’t have to follow any of my rules.
    Just this week my son whom I love came at me. He and I wrestled to the floor where he struck his eye on my camera. My body camera was not on as I didn’t feel the need to have it on in my own house.
    I am now being investigated by the state police and CPS. I have talked to both the investigating officers and CPS and feel they side with me on what happened. However she filed for an emergency protective order. I went to court and while I was given back custody I felt the judge was against me. He did not listen to my side of the story and told me I am not to put hands on my son again, and I need to give my son back his cell phone even though it was taken away for bad grades. When the judge commented on the incident at hand he told me not to use corporal punishment on my son again and if he is not behaving and I quote. “I don’t know what you do.” “I guess you call the police.”
    So now I am worried about the prosecutor filing charges on me plus my son going to live with his mother. I did nothing but take my son to the ground like I am trained to do with anyone. My son admitted to police and CPS that he came after me. So now I am building my defense just in case and this is all do to a vindictive ex wife.

    • admin says:

      Dear Mark,

      As hard as this might sound, think long and hard about keeping your son with you! He IS an active participant in your ex’s lies. You were lucky this time but your son has been completely empowered and you have none. You know you will lose your job if a complaint is believed. You can call me and I will be even more direct but be careful you might get what you ask for. I realize parents concerns about letting the kids go where they want but at the end of the day you cannot help your child (once an adult) from jail! Feel free to call me at 419-865-0513 if you want to discuss your options further.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

    • John says:

      Hi Mark,

      I would love to talk with you and ask about finding experts in child psychology/psychiatry as well as have those involved in my case interviewed appropriately by forensic interviewers. Can I please contact you? My case is very similar to yours.

  13. Justen says:

    Please help. I being accused of molesting my 4 year old daughter. There’s a long history of high conflict,filing restraining orders, domestic violence charges and other charges against me and all of them have always been dismissed or beaten through trial. This supposedly occured on the weekend I last had my child. I had gotten into an arguement with my ex over custody the evening I went to drop off my child. We also got into an argument over her new boyfriend sleeping in bed with my child. The next day she called me and we talked and we came to an agreement that we would be civil with each other. That night she took my child to the hospital and told them that My Child said that I had pulled her pants down and rubbed her vagina. I tried to go get my medical records from the hospital and was greeted by 3 security guards and told I was denied access to my childs medical records even though I have a parenting plan and all rights to her records. It took over a month for me to get ahold of DFS to see what was going on with my case and when I finally talked to them they told me that they were going to substantiate the allegations because they had medical proof of redness and discharge her vagina and that my Child had told them that I had came into her room and pull her pants down and did this. My ex is a evil evil woman who has tried through many avenues to try to have me arrested and thrown in prison. I have proof of all of this but DSS said that they acknowledge our volatile past but they did not care to hear any of my proof of evidence of anything or care to hear my story. I feel like my whole life is been pulled out from underneath me like some tablecloth trick. My ex’s friend that lives with her babysits My Child and her daughter did the same thing to two other guys in the past. This woman hates me and wants me to freaking rotten prison for something I didn’t do. I am lost in severely depressed and it feel like I have no way of getting out of this. I’ve offered up phone numbers and witnesses that were around me the whole weekend pictures everything and they still didn’t care. I feel my life is the dad is / with / false allegations something that I didn’t do. Please help me

    • admin says:

      Dear Justen,
      Call the office 419-865-0513 and we can talk about what has been done and what you might still be able to do.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  14. Anita says:

    Our daughter was given back her child for an accusation made against her father and myself( mother) dcf is involved. Our grandson has lived with us off and on since he was born, even had temporary custody of him for a time. This last time he lived with us 8 months,dcf paid for our daughter to get her own place because of her case worker. She didn’t have either child as they were with one father and us. The caseworker/dcf took him out of our house due to an accusation that was placed in 2008, was closed, but dcf still used it against us, he then went to my oldest daughters house, the case worker took him from there as well. my daughter committed a third degree felony, and was given back her son. The caseworker found her a place with a family, but I recently heard that the case worker had written down another allegation against us, this has hurt me in more ways than one with the defamation of character she has placed on us. we will never be in a position to help our grandson because of these allegations that are unfounded and untrue. what should we do to clear the case worker from writing such things? and if my daughter does have to do time, we wouldn’t want him in foster care. But what the caseworker is writing makes us look like pedophiles, and i would never hurt my grandson. I go to therapy for this and my anxiety and depression has gone up from all this. but it gets the case worker off the hook should anything happen to our daughter or grandson.

    • admin says:

      Dear Anita,

      Talk to a lawyer. If you are substantiated or indicated by this worker, check into an administrative appeal. Trying to clear your name is the first step.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  15. Angie says:

    I am writing because my fiance has been falsely accused of sexually abusing his daughter. Forensic Evidence has shown there is no signs of sexual abuse but being as how the ex ( childs mother) hates he has moved on with me she is adding fuel to the fire. He is a marine and has served our country and he would never do this to his child. If I even thought for a minute he would have done this I would be the first to tell you to lock him up and throw away the key but I know him and he would never harm his children. His public defender has became friends or conversates with his ex and hasn’t been to see him at all and if he calls the PD’s office he is always away from the phone. He finally was able to talk to him yesterday and he said that “he believed he did it and the reason he does is because he was molested as a child” Really???? What in the world?? His on PD is convicting him? Please help us! We can’t afford an attorney and I know my God will see us through this but I am just at my wits end I do not know what to do? He was denied bond in October.

    • admin says:

      Dear Angie,

      Call the office and I will try to give you some suggestions. The number is 419-865-0513.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  16. Lonnie says:

    I lost a plenary order of protection in court. I demonstrated that before the custodial parent began the process, no one who investigated the claims and her social worker (with whom the minor has had an ongoing relation for two years.) coo berated the minor’s claims. only the CAC video collaborated her claims. I tried to demonstrate the custodial parent has a history of using to court to hurt me, but the judge was not concerned.
    Help please

    • admin says:

      Dear Lonnie,

      Call the office 419-865-0513 for some possible suggestions.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  17. Renae Haro says:

    Hello my name is reanae. I live in Fresno Ca.i need some help with an attorney to prove my innocense.i an being accoused of touching my 8year old cousin which never existed its a lie that i need help with

    • admin says:

      Dear Reanae,
      Call the office for a referral. Our number is 419-865-0513. We do not post referrals.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  18. Tomecca Neely says:

    I am a 34 year old mother of four children. My daughter is 15 and my sons are ages 14, 11, and 7. My 15 and 14 year old had begun expressing their desire to live with their Father. Because I have been a very active mother in their lives, I declined because he is much more lenient with them and they had begun to do what teenagers do. They complained about the housework that had to be done and not having enough “friend” time. To make a long story short, their Father had a death in his family and asked if he could bring the children to Maryland to pay their respects. Thinking nothing of it since he has always brought my children home, I let them go. All four of them went with him. He never brought my children back and worse, he has made allegations that I am abusive and neglectful toward my children. He removed my children from their normal school and relocated outside of the county that me and my children were living in. He has also managed to gain custody of my children and I am not allowed any contact with them. This situation took place on September 2, 2015. CPS has been involved me and declared me a competent and safe parent. Despite these findings, I have had to endure supervised visitation and limited phone calls. Keep in mind I have been actively involved in their lives since birth. I also need to mention that I had gotten engaged in August after 12 years with my Fiancee’. I don’t understand how he seems to be winning this case and I have not been charged with anything, I have not tested positive for any drugs, and I do not use alcohol. I did hire an attorney and he failed to be able to get my 11 and 7 year old back in my home. Did I also mention that my ex is not the biological father of these younger children. He knew this with the 11 year old and signed the birth certificate but he signed my 7 year old’s birth certificate behind my back because we were still “legally” married but had been separated for quite some time. I am starting to really lose faith in the legal system because he is keeping me from having that wonderful bond with my younger children the longer this case drags on. What can I do to get my babies back? How is he able to completely alter their lives and exclude me from them?

    • admin says:

      Dear Tomecca,
      You are in a very difficult position because it seems the children might be knowingly supporting the lies. Have any of your children been returned home? Call the office and we will be happy to make some suggestions, if we can, that you might be able to give to your lawyer. Our number is 419-865-0513.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  19. Devin says:

    I am a 24 year old college student who is currently interning at the child development center at my college and trying to get my AA in early childhood education. I am male I have a son his mother lives with me. About 3 months ago a little girl told her mom she was afraid of me and said I rubbed her back to hard during nap time. The parent and the director asked me what happened and I assured them i didn’t rub her back hard at all and gave an example of what I was taught to do in helping any of the children go to sleep. Of course the mother didn’t believe me and later that week the girl was moved to a different classroom. The next week her cousin was moved to a different classroom. And her cousins mother had been in and out of the directors office all that week.in addition a new rule had been added to the classrooms and it was no more patting or rubbing backs for the children to help them lay down. This was scarey because this is what I was taught by the center and all the sudden we had to stop. I felt vulnerable and also felt like the center had been doing things wrong. Well At the start of the next week the director told me that she had to file a complaint with me to licensing as a protocol and that I had nothing to worry about. Well later that week she had brought me in and just outwardly told me the situation saying the little girls cousin told her mom I put a hand in her pants at nap time. I started crying in front of the directo and was scared for my life. I instantly regretted going into childcare and all I could think about was my son and how this could effect my family. The director told me she knows I’m innocent and that the same thing happened to her when she started out. She went on calling the child’s mother a manipulative bitch and assured me that the mother had been in and out all week and provoked the response from her daughter. So for the next three month I wasn’t worried because I felt, if I did nothing wrong then I’m all good and I believed the director. in addition throughout the three months I still had direct contact with the child as our classes shared recess with hers. the little girl and her cousin acted no different to me what so ever. And the director was assuring me that it was okay and she actually kept me updated on the case. She said the child was interviewed and said nothing and that all the other people who were interviewed had good things to say about me. You would think I had nothing to worry about. WRONG. After the three months licensing (after interviewing everyone else) interviewed me. The director brought me to the interviewers office and before she opens the door whispered to me “they’ve been interviewing children all morning and that now it’s my turn” I was instantly nervous thinking anything I said could be misinterpreted or used against me. they immediately asked me questions about the two girls and I wasnt sure how to respond because I didn’t want to get the director in trouble and I also was unsure about what to say due to the random change in class rules. In short I left the interview room the first time thinking “oh god help me, these people think I did this” and just then they called me back in and asked me very seriously if anyone told me what was going on and that I should be concerned about protecting myself in this situation. I instantly caved and told them that the director was telling me everything that was going on and that I didn’t do anything to that little girl. They asked if the director should’ve told me and I said not at all then they asked if the director could of done more to teach me how to protect myself as a male in the field and I said yes and this struck a chord. I felt like the center was doing things wrong and put me in a horrible position. I left and instantly started looking for legal advice. I feel so vulnerable right now and I have no clue what to do or where to start. Nor do I have any money for an attorney. I am still working at the center but haven’t been back since the interview due to holiday. This just happened last week and I’m wondering if quitting would be bad or good. I go in tomorrow.

    • admin says:

      Dear Devin,
      I believe we have already spoken. If not call the office and we can discuss the situation.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  20. ricky says:

    false child sex abuse.
    I spent 15 and 1/2 months behind bars just on accusations, I finaly have trial next month. I have a public defender representing me. ive been saying I want trial since july 2014 and she just now want to go over trial strageties in few wks, but before that she would only try to convince me into taking plea offers and I turn down 4 offers(lower and lower) there so much I can say but I need more time to write, unless u intreset in hearing from the very beginning to now ill tell u. my life was changed in only 24hours but the worst if that if I had a paid lawyer I would never been locked up. if you heard the affidavit, well ill tell you the affidavit “the dectective call my phone and ask me to stop by the station about the accusation made against me, I said yes. so the next day I stop by and no Miranda right was read but I had nothing to hide so the detective started asking general questions like name age and etc etc. well right after she started grilling me saying I should admit it. I said admit what then detective said you know why you here and I said to talk to you and then she went into some details but not all but for the 45min of the interrogation or whatever you want to call it, the detective was comparing her child to this child who accusing me of sexual assault. I thought it was conflict of interest to work on a case and comparing the detective own personal experience to the current case. well towards the end of the interrogation the detective ask me would I come in tomorrow for a “lie detector test” I said yeah after I get down running a few errands. so I left the police barracks where our conversation was held. the next day comes, I went to the same location as soon as I sign-in the log book (5-10mins later) Detective approach me and said ” you under arrest” and I was cuffed and sent to get arraignment then went to Berks County Jail, once I was there I decided to look at the affidavit and the affidavit I don’t have right now but my public defender has it and I only remember the last sentence of the report. it said I said that: the victim is not lying, the mother to stay by the victim side and that I want a lawyer this interview is over.. (1)now if I requested a lawyer why would I go back to see the detective without a lawyer? (2) If I admitted to guilt(remember it said I said the victim not lying) how come the detective let me go free that same day??? man I can tell you awhole lot more stuff if you heard this from beginning to the end you would agree something funny/illegal here and I should of have never been locked-up, Even when CYS (child youth services) came to the prison/jail to tak to me/interrogate at the end of the interrogation the case worker ask me “do I want to know her determination of case” I said yes. she said” I cant prove you did anything but I had the opportunity to do it. that what the case worker tod me. I did eventuall see my discovery 10months later and watch the forensic interview of the kid and what I saw in there are questionable too… I’m am black in this matter. the victim mother and I stayed in communication up to 9 months while I was locked up via visitation, letters and phone calls. my public defender lack doing her job she telling me no I cant do this or do that, I cant use the victim mother and grandmother as my character witness/testify on my behalf.. they both believe I didn’t do anything and just 4 months ago my public defender a pre-trial ask them about testifying on my behalf and now they said no????my lawyer could have gotten statements from them 14months ago stating my they believe nothing happen, doctor exam was negative for sexault assault and the foresenic interview itself the kid dosent act like a victim of sexual abuse physically not emotionally.. I have more to say but the reason why I wrote you to see if you can send me links of information I can challenge my lawyer to do or a list of things she should do on behalf..

    • admin says:

      Dear Ricky,
      Let your public defender know she can call here and maybe we can make some suggestions to help her/you out. Our number is 419-865-0513.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  21. Ryan says:

    I have been falsely accused of molesting my now 17 year old step daughter. She has since been removed from the house and is living with her dad. She has made accusations to her boyfriends a couple years ago and then again in November 2015. Both times I found out and she recanted and told the truth. The 3rd time I didn’t put up with it anymore. I told her I was going to tell her mom. She begged me not too. I did anyway. I then threatened to call the police if she didn’t come clean and tell the truth. She didn’t. So I called the cops. Months go by and the decide to press charges. My attorney and I even gave the her iPhone back ups (because she deleted everything when I called the cops) and in those back ups were her telling her boyfriend that she had lied. Over and over and over. The detective and prosecutor states “we believe her story”. In the meantime, DCS or CPS was called and came out to the house to interview my other 3 kids. Nothing came of that of course. All denied that I or anyone had every done anything to them. We have a ton of evidence that the prosecution doesn’t know about. I am not too worried (scared, yes) about her trial. 5 months go by and all of the sudden, one of my other 3 kids (my other step daughter) says things have been happening to her too. She initially told DCS that nothing had ever happened to her. Her story is not similar at all to the first step daughters accusations. It was planned by the second step daughter. I could go into detail as to how but we would be here all day. I did however take a Ploygraph test for the detectives and I passed. They didn’t care. The pressed charges anyway. I have consel but am just wanting a second opinion on things. I want to make sure we are doing the right things to get prepared for trial. Help would be great.

    • admin says:

      Dear Ryan,
      Call the office to discuss the situation 419-865-0513. In most of these cases it is wise for the defense lawyer to have consulted with an expert. It is my experience working on these cases as a consultant, not as the executive director of the organization, that the most dangerous defense is the “he said, she said” defense. Straight up credibility battles often times do not go well for the defendant.

  22. Anomynis says:

    Wow reading every one of these scares me so bad you can’t even believe me.

    Me and My Ex GF Have a Court order and me as the father is a single Parent with 3 children. The court order states that my 2 children visit their mother in the summers every other Christmas and thanksgiving. A Normal Physical custody Order and they go to school here. I have them in all activities I am a great Father to them.

    When their Mom calls them on my phone she says things to them than they misbehave with me. She has never wanted to be in their lives other than just talking to them. She does miss them I even paid money for their plane tickets to go see their mom for a few weeks. Went well 2 years ago. She’s been sad not being able to see her children but knows I do a Great Job taking them to Boy scouts ,Dance , Other things like that .. I take them on Vacation when school is out for weeks on end when there is not school.

    I got those Braces and everything. Take them to doctors regularly.

    She has recently got married so I wanted to change the court order the way it is today.

    I sent the kids Early the court order said I could have them for one week after school and 2 weeks before school but I let her take them the entire summer…

    My Ex does not pay Child support what so ever but she insures them with medical insurance.

    I get derivative benefits for these children.

    After they have left 4 weeks later I get a Letter saying I am not going to receive the benefit support for them. I went to the office explained I have a court order and physical custody of these children and my ex does not Pay any support for them at all. She had explained this is legal.

    I asked her just to buy their cloths and pay for their Camp upcoming in October she said no.

    All of that are just money issues I can deal with later at court.

    My therapist gets a Call from the CPS in the state where they are in her care stating there are allegations of Abuse in my household. She explained to the Agent that there is no abuse what so ever and she treats me and his kids weekly.

    I get texts from my ex explaining she wants to keep the kids they will be better off with her that I am an abuser and do this and that ..

    Than my kids call say the same thing something I have never heard them say ever…

    They are visiting there with no structure at all they are UN supervised while she works and is at work. During the summer.

    I get a call the other day from the CPS in the state she wanted to speak with me of these allegations I explained to her that I do not know how to Answer these questions because their isn’t a CPS agent at my door where I have physical custody. explained to the Agent that I don’t understand if my ex was worried about my parenting why wouldn’t she just call when they was with me in my care not wait for them to get in her care and in her state to make these allegations..

    I am receiving text from her stating that she would be the better parent since I abuse them. My kids call me they sound like their mom almost exactly I think their being coached and brain washed because their mom is telling them well when you live here you won’t have to do chores or wash cloths or do homework. I do not know…

    But after reading all of these posts I would hope my ex would not say something for sexual abuse because that would absolutely never happen with me as a father but it looks like this happens and I must defend myself.

    I do not know the allegations that the other STATE has I want to have a lawyer or my therapist Present when I do answer these questions over the phone.

    Do judges see this in court every day…? Problem is she is ready and married wants to show that she can support them with my support I Use for them in my care that’s why she applied for it. And all I been doing is reading about Parental alienation and that I think is for sure going on.

    I also think she lets her kids ready her texts or mine that we have together as parents.

    This is just a referral from her to the CPS in her state they still have to prove these allegations. I just need help…

    All the alive and lawyers I talk to say if she does not return them she will be in contempt and can face charges of parental kidnapping.

    This is only if she is unable to open a CPS case against me as a loving father.

    I also have seen my daughter video chat with me and when she does you can see her look at her mom and she is whispering something…

    I have addressed the money part to the court but as for these false allegations I need help with that…

    Please help if you can…

    • admin says:

      You need a lawyer! You can call the office and we will try to make a referral in your area. Our number is 419-865-0513.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  23. Red says:

    My boyfriend has been indicted for rape based on a little girls tantrum. 2 years ago, C* and the girls mother were splitting up, fighting and arguing about everything including the mothers drug use, C* moved out of the home and began working with a traveling construction crew. There are 3 girls ages 10, 13 and 18 his daughter is the 13 year old. In early September 2014, the Ohio CPS received a report girl “disclosed sexual abuse by father, C* to friend and then to police… Disclosed abuse from age 10 to present… C* currently out of the home; children out of the home also. ” M* (the mother) had moved her new boyfriend in when C* moved out and began working on the road. The girl, R* had wanted to live with her dad, but as he traveled for work she had to remain with M*. When the initial report was filed, the children were immediately removed from the home, C* was prohibited contact with either of the girls and subject to offender evaluation, M* failed a drug screen and was ordered to complete drug and alcohol assessment, any subsequent recommendations and R* was placed in another family members home and ordered counseling and a forensic evaluation. As expected of under trained and over aggressive case worker, C* was deemed “at high risk to offend.” The forensic evaluation determined R* had suffered sexual abuse absent any scientific proof. C* continued to cooperate with police and caseworker, he felt he had nothing to hide and that the lack of evidence combined with his full cooperation and honesty would prove his innocence. It is documented that M* was “continually dismissive of any sexual abuse by the father and continued to allow C* access to the children. ” In December 2014, M* stated that she believed P* (her sisters boyfriend, R* had been placed in her aunts home by CPS) had sexual contact with R*. R* did admit to oral sex and vaginal sex on numerous occasions with P* in exchange for cigarettes. I did some research and found his arrest on 3 counts of sexual exploitation of a minor and gross sexual imposition, a court appearance, but no final adjudication and he is not on the Ohio sex offender registry. It’s as if he simply walked away a free man ain’t no repercussions for enticing a 12-13 year old girl to have sex. In February 2015 each party was assigned a court appointed attorney including a g.a.l. This is where the paper trail ends. By April, after months of attending sex offender treatment and parenting classes, attorney D* advised C* to stop going to the classes as the state was using that to build a case against him. The police investigation was closed, the lack of proof was sufficient enough to prevent issuance of a warrant but the district attorney wanted an indictment. Attorney D* advised C* to “go live your life. If you want to move away go ahead. They don’t have anything on you. ” C* asked if he would be in trouble if he moved to Florida with his sister, put this mess behind him and start over. The lawyer said go right ahead, the g.a.l. agreed it would be OK if he moved away. They both told him to “keep your head down and hour mouth shut and don’t talk about it.” so in April 2015, he relocated to Florida. He obtained a Florida ID card and put this behind him. In the fall he moved in with me on the Alabama coast and got a good job and life was grand for almost a year. I didn’t realize I had 2 truckloads of federal marshals following me when I went to pick him up from work. It’s only been 2 weeks and I’ve spoken with so many lawyers and heard prices from $5000-$25000. He was held in Florida for a week and is now awaiting another transport bus to take him from Searcy Arkansas to Canton Ohio to answer the indictment for 2 counts of rape and 1 count gross sexual imposition. I know he did not do this thing. He has the full support of his family. He has lost his job, one of his coworkers became suspicious when I wouldn’t tell him the charges and found a news story detailing events almost to the point of explicitness. He sent the link to everyone in the company, including corporate office where the story was printed and has DO NOT REHIRE written across the top, pinned to the message board. I’m not sure if that’s slander, lible or defamation but I know it’s one or two of them. The attorney I want to hire uses polygraph as expert testimony. What else can I do to help prepare for this? The more stuff I can just hand the attorney the less he will have to hunt for it. Money is an issue but I cannot let him be subject to another public jackass. 12 years ago, I lost my children because of a public jackass. They don’t care about guilt, innocence or fighting for truth. I have a funded justice campaign and a facebook page to raise money for his legal fees. This is how much I believe in him. What are his chances? When can I bring him home? Are there any organization that help with funding? I’m working but I also have to maintain our home and hold on to what we have started building. How can we prove she is lying?

    • admin says:

      Dear Red,
      There are actually very good public defenders and yes there are a lot of public pretenders. We do not have a list of lawyers who will take these cases probono. $25,000.00 for a rape case is a lot of money but not out of line for the amount of work that should be done on the case. I would be much more worried about the lawyer that wants to charge you $5,000.00. It is important in Ohio to have a lawyer who defends child sexual abuse. There are things that are admissible in Ohio that are not anywhere else. I would not be surprised if an expert will be needed in this case to address some memory issues.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  24. Robert S Price says:

    I need help! I have been falsely accused of molesting my step-daughter. The day I last saw my wife (accuser), 9 year old daughter (accuser/victim), and 6 year old twin daughters was on a Saturday. My marriage has been in trouble for a while and I was preparing for a divorce. We had an argument that morning and she asked if I was miserable and I said yes and went to work. She has a history of making false accusations at me and others and retracting them at her convenience, usually money and her not having to work. At lunch that day I got a call from my mother saying these accusations where flying around. My wife had went to her sisters and another of my family was there. He was broadcasting a detail by detail account to the town/family as it was being fabricated by cell phone. My mom tells me that I am being accused of touching my step-daughter. This was a shock of my life I went straight into panic mode, then tried to come to terms and wanted to kill myself because the shame of this type of accusation. Later that night a SWAT team breaks through the door and I am arresting without being told what the charges or accusations were, I was brought to the police station where I didn’t talk and requested a lawyer. I was locked up for 10 days until my family and friends raised bond. I went immediately to start finding a lawyer and secured one for a Injunction Hearing, where the lies from my wife started to flow immediately and another with which I am trying to negotiate a payment plan to represent me in the criminal trial (where I am now aware that I could get life in prison based off nothing but false accusations) still I had no information as to the accusation until I requested and picked up a copy from the Clerk of Court. To make this even more dramatic my wife’s family is/was heavily involved in the sheriff’s office of the town. To date I have had to sign away all rights to my children, she spent $10,000 during the time I was detained, beat my truck with a bat, sold my tools which I use for work and I have lost everything else. This is driven because I wouldn’t give her everything in the conversations we had about divorce and full custody to my two kids with her, I only agreed to pay child support. I have since found out there is not a single piece of physical evidence, to support the claims, and I was arrested by what I believe were accusations that my daughter was taught to say. In connecting the dots of how this came about, my wife has a diagnosed neurological disorder and uses benzo’s and I now think she is a habitual lier, or Bipolar. Any help to save this one man’s natural life is greatly appreciated. I am 33 years old, medically retired military, and suffer from PTSD due to combat. I take meds to prevent panic attacks and prevent depression, right now I am spiraling off the deep end. I prey for any help that anyone cares to give me.

    • admin says:

      Dear Robert,
      I believe we have spoken on the phone. If this is incorrect please let me know.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  25. Jon says:

    I need help I filed for divorce. The day after my wife was served divorce papers my wife had called The police and said that she was in fear of picking up my daughter from my house and seven squad cars showed up my house. The next day she called DCFS and originally claimed I physically abused my daughter DCFS had called me that day and told me that my wife had requested I not see my daughter for Father’s Day or talk to her. They told her they would be in contact with me I was in shock!!!! Oh we can a half went by without seeing or talking to both of them. I was going to go to court to file for temporary full custody because her house it started on fire and my daughter and her were sleeping on the front room floor. When I have got to court I had found out that she had went to the courthouse couple days before and filed an order of protection saying that I has had sexually molested my daughter!!! I could never believe this but I broke on the tears.. I know she had course my daughter into going into her school social workers office and said that I had did this and it’s all false!!! My daughter and I got along so well I never thought in 1 million years that this would happen to me let alone her say that. It’s been almost 2 months and nobody has contacted me on the situation and my lawyer says that there’s nothing I can do until the investigation is over. There is a court appointed counselor and she told me that supposedly they have my daughter and videotape saying that I did this. And today the counselor had called me to have me come in to talk to her and told me that now my daughter says that it has happened multiple times!!! My daughter is eight years old. I don’t know what to do I’m being falsely accused this is the worst thing in my life. Before all this had happened or daughter had talk to me and told me that her mom her brother and my wife were talking in the room while she was hiding behind the curtains and had said that all three of them were talking about getting payback and making sure that I was left with nothing and they were going to get full custody he of my daughter. I’m pretty sure that my wife has some kind of mental problem or bipolar. I even found a diary of hers where she cut herself and draw pictures in blood. I’ve spent a pretty decent amount of money already and I’m running out fast. I don’t know what to do and there’s got to be someway I can get everything dropped and possibly get Full custody of my daughter. Can somebody please help me my daughter is my life and it’s destroying me not seeing or talking to her. I pray every day that something good is going to come out of this so far it just seems like it’s getting worse and worse!!! I know my wife does not know what she’s doing to my daughter and what kind of hell she is creating for her life ahead. PLEASE HELP!!!

    • admin says:

      Dear Jon,

      Call our office to see what we can do to help. Our number is 419-865-0513.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  26. Monika Williams POA for Richard J. Montalvo says:

    The story above is so frightening similar to my boyfriend’s story. This is becoming an epidemic in the small county where we live.
    We have proof he did not do the alleged crimes, was convicted for 24 years of crime he did not commit. His defense attorney did not provide witnesses or any defense, and flat out said under oath that..”he was not prepared for trial.” The Judge continued regardless. WE have over 20 discoverable items that the defense attorney never requested, etc. Now we have statements that the girls lied, and still can’t seem to do anything. Can you help us? Please……this is so horrific. Richard is a 50 year old man, never been in trouble before, had a great career, owns his own home, and had a family. We are desperate.
    Thank you for consideration

    • admin says:

      Dear Monika,

      Call the office to discuss the situation and we will see what we can recommend. Our number is 419-865-0513.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  27. Elaine Rich says:

    I am looking for someone to help my son. He was falsely accused and convicted of aggreviated sexual abuse of a minor. There was no medical or physical evidence that anything had happened. He was threatened that if he didn’t accept a plea bargain that he would never be able to see his wife or family again. My daughter in law had all sorts of information including a time line as to how long they had known the woman whose child he was accused of molesting. My sons attorney would not use the information to help him. Close to the end of the time to go to trial his attorney basically gave up on him. The woman who is e mother of this child is a drug user and tried to convince my son to leave his wife and move in with her and when he told her NO then this is what she did to ruin him and his family. Is there anything we can do to help get him home.

    • admin says:

      Dear Elaine,
      If your son took a plea, there may not be anything that can be done. You call the office to discuss the situation. How long ago did he take the plea? Maybe it could be withdrawn if it hasn’t been too long. Feel free to call the office if you like at 419-865-0513.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  28. Darien Perkins says:

    I don’t if you could help me I was convicted of indecinces with a minor and I never did anything to that girl they had no evidence but tricked me into taking a plea telling me i would do only 2 years if i pleaded guilty or 15 years if i pleaded not guilty it had ruined my life I had to take the pleas so that i could get back to my family and help take care of them if you can help me that would be great if you cant i understand thank you for taking the time to read this

    • admin says:

      Dear Darien,

      Plea bargains are very difficult to fix. You can call a criminal defense lawyer or appeals lawyer in your area to see if there is anything unusual about your case that might allow for some legal action. Feel free to call the office if you like @ 419-865-0513.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  29. STEPHANIE says:

    MY 32 YR OLD BROTHER IS BEING FALSELY ACCUSED OF SEXUALLY MOLESTING MY 7YR OLD HIGH FUNCTIONING AUTISTIC SON BY MY SONS DAD AND FAMILY . THEY HAVE MADE THREE FALSE ALLEGATIONS OUT OF ANGER SPITE AND GOD KNOWS WHY ELSE. MY SON RECENTLY TOLD ME AND MY BOYFRIEND AND CHILD PROTECTIVE SERVICES THAT “NO MY BROTHER DOESN’T TOUCH HIM AND THAT HIS DAD TELLS HIM TO SAY IT ” EVER SINCE MAY 2016 MY SONS DAD HAS TRYD TO TAKE FULL CUSTODY OF MY SON . MAKING UP LIES AFTER LIES NOW IN OCTOBER 2016 HE WANTS TO CONTINUE MAKING FALSE ALLEGATIONS TOWARDS MY BROTHER AND SAY THAT I AM NEGLECTING MY SON. WE AS A FAMILY THAT SUPPORTS ONE ANOTHER ARE GOING THRU EMOTIONAL STRESS ESPECIALLY BECAUSE MY SON DOESN’T KNOW WHAT’S GOING ON AND HIS FATHER IS COACHING HIM AND PUTTING HIM THROUGH EMOTIONAL DISTRESS AND MENTAL DISTRESS. PLEASE HELP WHERE DO WE GO FROM HERE.???

    • admin says:

      Dear Stephanie,
      First your brother should hire a lawyer to protect himself. Strategies can be developed to counter this stuff but it depends on how aggressive you want to be and if you can afford the battle. Feel free to call the office 419-865-0513.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  30. Jealena Suttles says:

    I have a father who was falsely accused of molestation and rape on my half sister. We have been going through his case transcript and see a lot of discrepancies within my mother’s statement and my sister’s statement. We have asked them the story and each time it changes. No rape kit was able to be made because she made a case roughly 10 to 12 years later and was already sexually active and a polygraph is admisaible in court. The jury went based of of he say she say. He got the 1st time rule in California and will be serving life in prison for a crime he has not committed. I called his public defender and she even stayed to me that she knew he was innocent there was nothing that she could do. Is there anything we can do aside from having my sister recant her statement because she already advises us that she is not going to.

    • admin says:

      Dear Jealena,
      Your father is only entitled to the direct appeal which I am assuming has already been decided. To go any further, it is my experience you will need a private lawyer. You might want to consult with an appellate lawyer that can tell you how much you will have to pay and start fund raising, call law colleges to see if there are any law clinics or call the state bar association to see if there are any lawyers taking pro bono cases.

      Good Luck!

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

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