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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119 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

  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

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