The Falsely Accused and Attorneys who represent them

This site is dedicated to those who have been falsely accused of some type of child abuse and for the attorneys who represent them.

The National Innocence Project has exonerated, based upon DNA evidence, hundreds of persons who were convicted of atrocious crimes including capital murder and/or rape. A large number of those persons had confessed to crimes they did not commit. Considering that most cases of child abuse do not involve DNA evidence, one can only guess at the number of people in prison that are innocent. The fact that a person has been accused or charged and, possibly, convicted of the crime does not mean that they were guilty of the crime. There are many reasons for this phenomena that are touched upon in this site.

In the large percent of sexual abuse cases, there is no physical evidence or eyewitnesses. Medical exams are routinely “normal”. Yet, people are still convicted based upon a complainant and hearsay/vouching testimony by so-called “experts”. Especially disturbing are the cases where repeated, penile pentration was alleged, yet the medical exam was “normal” with what is considered an “intact” hymen.

In alleged Shaken Baby and other alleged physical abuse cases, there is seldom a search for an “equally competing hypothesis” for causation of any injuries. In most cases, the presumption is made that the injurie(s) were non-accidental and therefore must have been inflicted by someone. What is not commonly known is that in many of these cases, there is a gigantic dispute among medical experts as to whether a particular injury was accidental versus non-accidental or whether there is some non-abusive cause of the condition or injury.

The search for the truth regarding a child abuse allegation involves “The Law, the Science, the Myths, the Reality”. No one wants a guilty child abuser to go unpunished. On the other hand, there is a sentiment in the general public that it is “better to err on the side of safety” which translates into that “it is better to convict 10 innocent people to make sure we get the one guilty person”. That is, unless they are the person accused or a family member or friend.

Justice can be served when people educate themselves on the issues involved and let reason, rather than emotion, rule the day. We seek justice not only for real victims, but for those who have been ajudged a child abuser when they have not abused anyone.

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355 Responses to The Falsely Accused and Attorneys who represent them

  1. ahsley says:

    I need help I stay in LA and they are trying to close my sons case. Its been open for 3 years and now they are trying to close it after finding out I am almost done with what they asked. I dont have much right now all I want is my baby back. I was never given a minute order. My whole case there is certain paper work that they have that I don’t.

    • admin says:

      Your lawyer would have the minute order and you have the right to go look at your file in your lawyers office. Send him/her letters asking questions and document if he/she does not respond. If it is a public defender that represents you then this documentation will help you when talking to his/her boss. If you go to court, tell the judge that the lawyer isn’t talking to you.

  2. Richard says:

    Hello, My name is Richard and my wife and i are being charged with two counts of CA.PENAL CODE 273(a) (willfully trying to cause death to our children)and CPS has taking our kids from us because my 7 year old son William (who has Autism) got out of our home and made it down the street. The local police were called when a neighbor saw my son running down the culdsac. They are saying that my wife is not fit to care for our children and i am negligent for leaving them with her.They know nothing about children with Autism and whats called WANDERING. anyway, they arrested my wife and i and called CPS who took our kids due to no support. Which means there was no one to care for the kids. Now they CPS is trying all they can to keep our children( I believe for financial gain). The public defenders who are representing us (cause we used all our savings and retirement to bail out, cant afford a real lawyer) seem to be on their side.
    My wife and I are VERY AFRAID that CPS WILL KEEP OUR CHILDREN AND THE COURTS ARE GOING TO SEND TWO LOVING PARENTS TO PRISON. just a brief of who we are is: we have been together since we were 15yrs old (now 45) we have 6 amazing children. 4 girls 2 boys. Our oldest daughter is a decorated V.F.W (Iraq and Afghanistan)@^yrs old, our second daughter is a California wild land forest fighter 23yrs. old.
    Our third daughter is 19 and runs a catering business. then we have our fourth daughter who is 10yrs. old and being just that, A 10 year old little girl. then we have our boys ( well CPS has them)William H. who is & and was diagnosed with Autism and our 4 yr. old Alfred B..
    I have worked in the HVAC field for 27yrs. and my wife has been an employee for the local schools where she is(was) trying to get in with working with children with special needs.
    TO END THIS “WE ARE BEING WRONGFULLY ACCUSED AND OUR FAMILY RIPPED APART OVER THIS> AND I MUST MENTION TO YOU THE IRREPARABLE DAMAGE BEING DONE TO MY SON WILLIAM WITH HIS DISABILITY.
    Please if there is anyone that can help us through this terrible ordeal. we would be forever grateful
    Thank you all for your time.
    Sincerely,
    Richard and Family
    Modesto CA,

    • admin says:

      Dear Richard,
      Call the office for the name of a lawyer we know well in Modesto. I do not know if she can help but she might be able to point you in the right direction. Our number is 419-865-0513.

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

  3. Renee says:

    I gave birth to my baby girl in March 2011. I was promised to get her back in two weeks as soon as forensic test came back from Malibu California. The test came back ALL negative! The following Monday I went to court and my public defender said that I couldn’t subpoena the person that took the test in Malibu California. And I wasn’t getting her back in two weeks. I did everything in my case plan. Never tested positive for drugs. My mother was gonna get custody of her, since I lived in a house next door to her with a different address. My baby was put up for adoption and I lost my parental rights. I was treated unfairly and my rights were violated. I demand her back!

    • admin says:

      Dear Renee,
      Your story is very sad and unfortunately not so uncommon. I would be very surprised if you had any legal remedies after this much time. Did you appeal the termination? If not, you should talk to a lawyer to see if there is anything you can do.

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

  4. Heather says:

    I am seeking missouri attorney for a false allegation reportedly by a child not living in my home. I am in a cps case

    • admin says:

      Dear Heather,
      Call the office at 419-865-0513. When know several really good lawyers in Missouri.

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

  5. Janet says:

    Please help I am currently going through a tough situation. My husband was accused of child abuse. The case began about this time last year he has fully cooperated with police who have interviewed my husband and myself. Child protective services came to our home and made him leave for about 4 months they released him to come back home. After he was allowed to come back home we did not hear from the detective about the case again. He was arrested the other night for warrant that was put out regarding this case. I have tried to look for lawyers in the state of Oregon who help the accused but I can only find lawyers who help the defendant. I don’t know what to do. My husband and I have 6 children together. I just want my family back. I don’t know what to do. Any help information that is provided would be greatly appreciated. Thank you.

    • admin says:

      Dear Janet,
      I know several lawyers really good criminal lawyers in Oregon who deal with these cases. Call the office for a referral. Our number is 419-865-0513.
      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  6. Richard says:

    I am charged with 3rd degree sex abuse of a 16 year old, and am innocent. Under what circumstances could my recorded interview with the police be ruled inadmissible? We can show that the last 20 minutes of my interview are not on the DVD. Would that fact alone make my entire interview inadmissible in Iowa? We also think there may have been at least one place on the DVD recording where my answer to a question has been deleted. Should we be asking for a transcript of the interview? Are they legally required to provide us with a transcript? What motions should my attorney be filing to get my interview ruled inadmissible?

    • admin says:

      Dear Richard,
      Depending on what is in the recording a lawyer makes his/her decisions about suppressing the recording. If the recording has been tampered with it is up to the defense to prove it. There are experts out there that can determine if a tape has been edited. Yes, you do need a “certified transcript” so it can be relied upon in court proceedings. Have your lawyer give us a call and we can talk to him and make suggestions. We are not lawyers so I cannot give legal advice but I can make suggestions to the lawyer. He/she can call us at 419-865-0513.

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

  7. D_S says:

    I have been falsely accused of being a child abuser by the alleged victim’s mother and she is going all over town spreading to everyone that i did such a thing when I didn’t. Should I hire a lawyer and sue her for the false accusations and about telling everyone a lie?

    • admin says:

      Dear DS,
      First you need to consult a lawyer and protect your Rights. After that, if you can PROVE (not just believe) she is the accuser and the allegations are being made “not in good faith” then maybe you can get around the immunity issues. I suspect you will find most lawyers not interested but there have been a few who have done just what you are thinking. Remember, first protect yourself!

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

  8. Rena says:

    on was falsely accuse and unjust in court. We had a paid the and lawyer that mis-rpresented my son case my daugther was the key witness
    at the time and the counsel told me my dauther can’t go on the stand to testify what went on that day and what my daugther saw she was also a young at time but very smart. like my son was 9yrs. older than my daugther, The White girl was older than my daugther my daugther saw her couple yrs later in the supermarket and ask the girl why did you tell a lie on my brother the girl reply my stepfather and mother made me said he did’t it my dauther was trying to talk to the girl more but her mom apporach her and told her to stay away from my daugther that she not allow to talk to my daugther. The girl parent was forbiding to come to court because they were unfit parent’s but they allow the girl to go back with them everyone live in the community well known them as drug abuse the girl ran away from home about 3 or 4 days before they falsely accuse my son. the cops and dogs found her in the woods cuddy up with a stuff animal with blood on her dress she had ran away from home. the Atty that represent my son had show me the girl dianosis of the gril she had a STD the atty. told me I must not let anyone know he show me. My son had his doctors appointments never treated for any STD’s and never had a STD. Also my son was sentence with a 20 yrs probation and serve 5yrs in prison for false crime he did’nt do thier was never a DNA done befoe they sentence my son also the PD dept took my son shorts from my house a year later Iwas beng harresed bythe dective
    until i made a complaint to the town hnll I did’nt see the dective no more but the fact remins my son and me and my daugther is going so much pain for a false statment so that drug abuser can state money from the state to support thier dirty drug habbits what wrong this picture but this is a nice young man that had his whole youth freedom taken away from him lies and money from drug abuser my son trying to finish college that have on semister to finish but everytime he tries probation violated him for this false crime he did’nt do he probation had him kick out of school and told him he can’t speak about GOD and JESUS in his office or he will violated my son my son and my life is so many problems for carelness a madness. The judge known that my son ATTy was not in his right mind to represent my son case Ifound out 3 or 4 yrs, later the Atty that represented my son was sent to jail and dis bar from law pratice from stealing client money and mis-representation the Atty to money from me for a investigation that never happen the court never notify me. I need help this is really wrong to treat my family this way. Can we please get some help I’m single parent mom been figthing this matter for 14rs & Half My son is present in DOC custdy every time probation violate my son because of this false and unjust crime he did’nt do all the answers are thier we need help.

    • admin says:

      Dear Rena,
      With DNA & STD issues the BEST place you can go is the Innocence Project in your state. If you cannot find it, call the national number at Cordozo School of Law (212) 790-0200.

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

  9. Diane says:

    Please help me i am falsely accused of abuse and neglect in Nassau County NY. I need a lawyer as soon as possible.

    • admin says:

      Dear Diane,
      We do not post phone numbers of lawyers on the internet. Please call the office and we will be happy to make a referral. Our number is 419-865-0513.

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

  10. Charlotte says:

    My son Matthew Major was convicted and sentenced to 30 years on each count, 6 counts of child molesting in Indiana. The only evidence was her testimony. Her medical exams showed intact hymen, no evidence of being penetrated 6 times vaginal and rectal. The DNA didn’t support the claims either. Yet the jury found him guilty. His public defender did horrible defense in the case. Except for the PD bodily being beside my son that was the extent of his defense abilities. Is there any organization that can look into his case? And help a innocent man from serving life in prison?

    • admin says:

      Dear Charlotte,
      How long ago was your son’s conviction? Depending on how far along in the appeal process you are would determine the kinds of suggestions that might be made. You can call the office to discuss your son’s situation. Our number is 419-865-0513.

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

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