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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985 Responses to The Falsely Accused and Attorneys who represent them

  1. Mal says:

    Hi. My husband was convicted of criminal sexual conduct with a minor 6 years ago (then he was her step father) Not even a year later the girl admitted she lied because she wanted to go live with her grandmother. Even now she has admitted multiple times she lied. Is it to late to get anything done about this? He is now on a GPS device for life and has to register as a SA for something he didn’t do.

    • admin says:

      Mal,
      It depends. An actual innocence claim may be able to be made but it is a long shot! Call the office 419-865-0513 and I will be able to chat with you and make a referral and possible recommendation. Recantation alone is not enough to win but there are other things that can be done possibly.

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

  2. Brooke says:

    Please help me if you can I need some real advice from someone who could please give me some answers! I’ve never been in trouble with the law or had dhs involved until October28th 2015 just 6 months ago I lost my 3 year old baby girl due to a tragic accident which has been proven, but that night when I got home from the hospital dhs was waiting for my other 2 girls took them out of their home placed them in foster care and didn’t even allow my family to get to my house to take them in with family. Told us they had to do this just until investigation was over and autopsy came back which took months, but when it did and proved accidental they then said it no longer has anything to do with my daughter passing (though that was their reason to begin with) told us we had to complete a case plan to get them home which we have completed and they constantly keep pulling all kind of things that can not be legal to keep our girls from returning home it has been 6 months we’ve done above and beyond yet none of that matters I know a lot of these things are not legal, but not sure how to fight it I’m paying for a lawyer who seems to be doing no good and acts as if she doesn’t know what she’s doing now they are during me and their father separately for child support when we still have custody completed a case plan which should of been the end of this big disaster continue to pass every random weekly since day 1 I need some help on what to do or what’s right and wrong our family is torn in two we can’t even grieve over the loss of our baby girl that had to leave us at just 3 much less keep our 6 and 1 year old from being torn apart they just want to be home, know when, why, etc. All the things we wish to know as well and this is causing so much in needed hurt and taring us All apart for no reason I could explain so much better not trying to put the past 6 months of hell in a short writing without the many details to keep it not too long and complicated if there’s anyway you could contact me if you could find the time

    • admin says:

      Brooke,
      Call the office 419-865-0513.

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

  3. Mom-in-law from haidies says:

    My mother in law is a narcissist. She has on her own accord removed our son. For the second time. Moving residence and moved him to what will be his 5th school already thanks to her she used connections that knew people in the children’s court that pulled strings and had the judge rule she have temporary guardianship till next hearing. Where as herself and my partner settled out of court. To calm her. She is a delusional drunk that passes out at four in the afternoon after her litre of whiskey has been depleted. Leaving my son who is five years old to tend for himself. Now a year later. She is accusing me of WAIT FOR IT SEXUALLY ABUSING MY SON…. using phrases as I stick my hairy thing in his face. This is not even the half if it she hasn’t laid any charges as yet which I find so strange if she thought which she seems to be broadcasting all over ever platform what she thinks of me. That’s not to mention how she harasses me with abusive and threatening text msges and calls in her inebriated state. Threatening my youngest son that is 2 calling him and I scum rubbish trash is her all time favourite. She loves to call me a pagan trash and my smallest a pathetic waste. I’m on the verge of …. dare I not say it!!!!

    • admin says:

      Hi,
      First and foremost, consult with a criminal lawyer as the allegation could be quite serious. You might want to have your family court lawyer hire a private investigator to prove her incompetence. IF you ever get your son away you might want to consider moving away with no contact and make it difficult for her to find you. Simple things like don’t use a mailing forwarding address because the new address eventually will find its way back to the sender! However, you cannot leave while there is any paper on you and your family.

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

  4. Jalynn says:

    Hi,
    My husband and I have been fighting with CPS for the past 3 years to get our 2 sons back. My husband at the time was falsely accused for abusing my youngest son leaving scratches and bruises on his face. I personally was there when I checked his face earlier and witnessed the whole event of our big dog walking over him carelessly. The dog didn’t mean it and my youngest knows he was stepped on by the dog. My oldest son, as I have 3 boys was also there to witness the event.

    We were homeless at the time and I had returned my 2 sons to my mother’s house so that they could be safe and go to school until I could get us into the shelter. My oldest son brought them to my mother’s home where my sister and brother-in-law collected the two boys. They called the police and reported the children abused by my husband who never touched my youngest son. When we returned them my youngest did not have a bruise but yet it was reported that there was a bruise. My husband was arrested on an APB for abuse that we had no knowledge of. When CPS case was opened the case in court they held his disability against him stating him unstable to have his kids back. Which caused more depression and stress as he was forced to go to work when he was and still is mentally not able to hold a job. I was diagnosed with depression and later fibromyalgia, and back problems. They used my pain medication against me recently having me UA’d weekly saying I’ve been overdosing. My husband fell farther into mental instability and tried to self medicate as none of the doctors we already had were not listening and we couldn’t change doctors as we are on quest medical until renewal time.It’s been little over a year and we have accomplished so much yet haven’t got our kids back. The Judge let us keep our parental rights but refused to give the kids back. The RCG’s the kids are staying with are both gay which is against our religious beliefs. On top of that the state is assisting the RCG’s in having the kids permanently adopted giving them legal custody.I found out that they were given our kids for adoption and thought they would win the parental rights. Now that we are again fighting for no adoption, the RCG’s requested to be part of our hearings and have brought their own lawyers in the interest of our children. My kids have been in 5 different rcg houses. 2 of which they have been mentally and physically abused in. The only house they trusted they were taken out off. They have even tried to have us separate so that the kids could come home which if I’m correct is against the ADA disability act. There is bias in our case and so much unjustice yet I don’t know what to do. The judge just permitted the RCG’s to take my son’s out of state and across country to Wisconsin for the summer which I didn’t agree with. Please help as I am so lost on what to do and know that most of my constitutional rights have been ignored along with the ADA disability act. Feeling overwhelmed and stressed.

    • admin says:

      Dear Jalynn,

      Your story is sad but not unfamiliar. I suspect unless you and your husband pull it together by having a source of income to support the family, housing and stability, you very well may lose your children. In my experience the agencies and courts don’t care about the reasons for the situation – they just expect the situation to be straightened out. I can’t remember the last time I hear the family courts caring about ADA so I would put little stock in that argument. Further, the Constitution as we know it has little utility in family courts. It seems to me that everyone’s Constitutional Rights are violated in the courts that deal with CPS matters, but that is just my opinion!

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

  5. A says:

    Hello,
    I am wondering what I should be doing. My husband was falsely accused of hurting our daughter and he is facing time for this. He has a good lawyer on his side, but we are both scared about the situation. Any kind of help would be nice.

    • admin says:

      Dear A,
      Call the office to discuss the situation. Our number is 419-865-0513.

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

  6. Tammara says:

    My fiance was accused of rape and he wasnt around and have never seen the lady before. The accuser identify the four men that was involved but the reason the detective is accusing him is because he meet them at a bank. He never told his side of the story

    • admin says:

      Dear Tammara,
      Hopefully your fiance has a good lawyer and his story can get out.

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

  7. Kerm says:

    Hello,

    I have a brother who was convicted of a child sex abuse crime back in 1997. He was 17 years old at the time. A woman accused my brother of sexually assaulting her then 1 year old child. The alleged incident occurred in a small town in Arkansas. He was arrested and questioned by police. At that time he was a minor and was questioned by police without his parents or an attorney present. He told the officers several times he was innocent and did not do what he is being accused of. They took samples of his clothing and DNA. The child was examined and found that she had not been touched. There was no evidence that related him to the crime. They gave him a polygraph and he passed it. The attorney representing my brother did an awful job. The prosecutor presented him with taking a plea and the attorney advised him to do so. The town we were from was very small and very racist town. My brother was convicted and was given 4 years in prison. However he only served 1. Who in there right mind would give a sexual predator 1 year in prison. Now he has to regestir as a sex offender. He is 37 years old today with an abundance of potential, however he is limited to crime he did not commit. He spoke with me the other day regarding this he cried and stated many times he was tired of living the way that he is. He can not get a job. he is not able to go out and have a life.
    My mother and father was born and raised in poverty and not educated. the system that was supposed to protect them only hurt them. Is there any one that could help him. I don’t want my brother harming himself. He is very kind hearted individual with so much potential. If there is any advise please help!

    • admin says:

      Dear Kerm,
      I suspect there is little if anything that can be done. When you take a plea and the registry is part of it you are agreeing to those conditions. Sometimes there are circumstances that allow you to be removed such as the degree of the crime and the laws for the state where the conviction took place. You can call the office for an attorney referral if you like. Our number is 419-865-0513.

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

  8. Lisa says:

    My son has been wrongly accused he was accused of sexually touching a little girl the mother never took the little girl yobthe doctorvdo there’s no real proof just hear say the mother instead of contacting the police instead went yo church and had people pray about it the pastor took it to the school and the pricipal was mandated to rtport it whenvyhe officer came out mind you they never contacted me st all and not even given permission to speak yo my son that has a learning disability do the police officer kept harassing him asking him overand over if he did it my son got so upset because he told the officer no repeatedly the officer made him so mad my son threatened the officer so the officer took my son to Mary k shell a mental hospital and ojve he was released came with a warrant supposably we which there were no warrant took him into custody at the juvenile Hall. Now my son has been given a ward to the state for a year to be put in a group home for no reason just because like the officer said cause he where’s the badge I need help this county has done nothing but harass my family and threaten please help

    • admin says:

      Dear Lisa,
      It is unclear where in the process your son’s case is. Feel free to have his lawyer call us if we can be of any help. Our number is 419-865-0513.

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

  9. Samatha Morris says:

    Hi my name is Samatha,
    I am in desperate need of a lawyer who can help me fight my allegations that cys has accused me of. I do have an a pro bono attorney who has been trying to defend me at several hearing and has been trying to help me get my children back home. But with that said she strongly advised me I needed to get an attorney who deals with allegations for child abuse in order for her to proceed and help me be reunited with my children again. If there is anything or any kind of help that there is to offer I’m willing to do anything to get my girls back home as it will be a year at the end of July.

    Thank you,
    Samatha

    • admin says:

      Dear Samantha,
      We do not have lists of pro bono lawyers. Sorry. You can have your current lawyer call us and we can see if we have any suggestions for him/her.

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

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