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.

This entry was posted in Blog, Homepage. Bookmark the permalink.

689 Responses to The Falsely Accused and Attorneys who represent them

  1. precious says:

    Hi im in need of some good advice and a good lawyer don’t know what to do or where to go my son is thirteen and being accused of child molestation when my child was picked up I was never notified by anyone they already had him and question him without me being present the child’s parent spoke to me about this and said we need to talk about this and find out if it’s true they never returned to me and said anything three weeks later they go file a report and it bothers me if what your child was saying is true why did you wait so long to do anything then another incident happened where he was hanging with another boy how do you let him go and keep one now talking about him testifing against my child my heart is heavy and im torn into pieces haven’t slept or eaten nothing in days please I beg and pray you can help or at least point me in a good direction

    • admin says:

      Dear Precious,
      What city and state? Feel free to contact our office to discuss your son’s situation. Our number is 419-865-0513.

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

  2. Tammy Eversole says:

    I have been accused of mistreating my stepdaughter. I have been investigated by the sheriffs department and nothing was found. We put my stepdaughter in counseling and the counselor said my stepdaughter was being manipulated. Every year I go through the same thing when my stepdaughter goes to see her mother in Texas. The mom wants her to live out their (we are in can) so every year I get blamed for mistreating my step daughter. I have never mistreated her in any way. I have raised her for the last 10 years. I do believe in spanking but only when lying or being flat out disrespectful. I have not spanked her in at least 3 years.Do I have any recourse in regards to getting the lies to stop. I don’t sleep and I fe sick all the time. At one point I went on anti depressants. Please help.

    • admin says:

      Dear Tammy,
      Your stepdaughter is old enough to know she is telling lies about you. Be careful, one of these days the allegations may stick. Depending on how ugly the battles are, maybe it should be discussed letting her go live with the mom. You might want to discuss with the counselor before she goes again some painful consequences if she makes false allegations when she returns. See what thoughts the counselor has and discuss with the counselor if those consequences should be known before going or told to her immediately upon the return. Teenagers can be very dangerous. Use your head not your heart.
      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  3. Tammy Eversole says:

    Sorry correction we live in California

  4. David kirimi charles says:

    I lost my brothers farmilie in the year 2oo8,my brother died,his wife and his small doughter.A mother and her smaĺ baby plus one lady.I took the letters of administration for my brother and the father of my brothers wife took letters of administration for his doughter who was the owner of the vehicle and the insurer of the vehicle which had an accident.Fosefully the case was finalised in my absence.I applied for an peal and I was not the one who to be accused.I have now been having 4 lawyer who been taking any from me and when they are asked for the the submission they dot what to submit.They are just marking negotiations without my knowledge because they that I am not the person who was surposed to be taken to the court.they have got held my vehicle and not limited it only.plus my house belongs.please assist so that they can not sold my personal property.

    • admin says:

      David,
      I am unsure of what you are actually asking. Feel free to have your lawyers give us a call if they think we have anything to offer.

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

  5. deon says:

    I am a afro American male acstreet..of incest of my then 3 year old son..in which the state of outagamie county awarded me custody in 2011.. The mother of the child was sent to prison for assaulting me and others I knew..she even assaulted her own mom before she died..Once the mother of my son and daughter was released from prison she was allowed to live with me. I agreed in good faith because she had a advocate who came to visit every week and a probation officer who visited every other week Her medications were for bi-polar disorder and border line personality dis order…on September 23 she accused me of molesting my son I spent 5 months of my life in outagamie county jail..her advocates questioned my small children for days and hours. My children did not confirm anything and a gaurdien ad lidem deemed that my children were coached..I received unsupervised visitation. The maliciousness is now being compounded by a false restraining order and police placing phone calls starting that if I harass the mother of my child I’m going to jail…The iceing on the cake is the person she married is her child hood sexual abuser who is now hitting on my kids..I have reported this to c.p.s.Stephanie D. who is friends with the mother of my children,she is now a supervisor their. I was forcefully evicted and I’m still being depicted as a child molester..I am being forced to work even though I am deemed disabled by the federal government in which I collect benefits. As of July 1st my disability benefit went from $671 to $201 due to child support. I was renting a room for $350 a month Now I have to sleep on the street. The only homeless shelter in outagamie county is being occupied by the mother of my children and her husband and my two children along with her other 3 children.

    • admin says:

      Have you considered contacting the State Dept of Child Protective Services regarding the conflict and your fear for your children regarding theman who is living with the mother? You might also contact the Attorney General’s office to see if they too will investigate.

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

  6. Pamela says:

    Can we all institute a law to revamp this crooked system. My daughter was just taken from me after someone filed false reports against me and her wicked dad who doesn’t want to pay child support.

    I would like to begin a class action lawsuit asap in california.

    • admin says:

      Dear Pamela,
      It is not quite to easy. The problems come from Washington and each State following federal mandates. First focus your energies on getting your child returned to you. These injustices WILL NEVER CHANGE until immunity and anonymity is removed AND prosecutors file charges for false claims. These are the messages that have to be delivered to our legislators nationwide. It would be amazing to find that lawyer with the courage to file that class action since the lawyer is the one that is sanctioned for filing a legally frivolous lawsuit and with the immunity in place that is a most likely situation. We have been looking for that very brave lawyer for two decades now! If the law changes we will have those lawyers who believe in the fight!

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

  7. Dena says:

    I was accused two years ago of a felony, injury to a child, towards my step-son in the state of Texas. I was arrested, booked, let out on bail, and have never received a court date. Since that time my step-son has physically assaulted two teachers at his school, gone into an acute and then residential treatment environment for MH (he is ADHD and Bi-polar). He got out, moved in with his mother, and was forced out of his mother’s home by CPS because he sexually assaulted his three year old half-sister. The list of his offenses grows daily and I cannot get my attorney to do anything regarding my case and clearing my name and arrest record. Is there anyone who can assist? I am being told I cannot speak to the DA, but they won’t send case to Grand Jury, and I have to check-in with a bail bondsman twice weekly for the next three years until they decide to drop the case. I am at my wits end and trying to deal with an almost 14 year old regarding his mental issues AND having the weight of this “case” on my mind is starting to be taxing.

    • admin says:

      Dena,
      Call our office and we will make a referral of you to a lawyer. Our number is 419-865-0513.

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

  8. Don says:

    My 9 year old daughter is being accused of touching my 6 year old granddaughter.in Pa I know they have done this once in the past.and I scared the carp out of them.My granddaughter was over her aunts house and told her cousin to kiss her but.when she got caught she went into a rant telling on my daughter.I know her aunt told her she can not trust her mother and father and her aunt tried to stop her from going home.well her mother called her real father who lives in Vegas and he said he filed a police report.can he really do that? This family is really vindictive.My daughter said she didn’t do this and I believe her.she told me they were playing with dolls making them have sex.but the stories from my granddaughter keep getting worse.on the same hand she asks if my daughter is mad at her now children and youth have been called, when my daughter in law called them they said they would probably chalk this up as two girls growing up.but yet my daughter in law called them again to see when there coming out.is she setting this up for a divorce I’m not sure what can I do to stop this and protect my daughter.against my daughter in law and her ex living out of state

    • admin says:

      Dear Don,
      You need to talk to a lawyer who specializes in Juvenile Court law. Feel free to call our office (419) 865-0513for a referral. You will need a lawyer in the state where the alleged event took place.

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

  9. Rich says:

    I need help, my 16 year old Daughter has accused me of sexual assault this past Thursday. I was interviewed by police I was not arrested, they have no physical evidence, just her accusation. I have 2 other daughters that are mine, there is currently a restraining order on me to not be allowed near them or my home and this is day 4 of this nightmare. I have no clue what to do and the more I read about this on the net the more scared I get as it seemed lots of people get convicted based solely on accusations. I have also been told by DHS that I can not go to my Mothers house as there are children there. I have no home and as of monday I will be on the street as the hotel is not paid up past then.

    • Rich says:

      Also I will add that this is the third time she has accused me, she admitted to lying the first two times. I recently had a stroke and the things she accused me of I couldn’t have been physical able to do at the time as these allegations happened 6 weeks ago and I am still not able to use the right side of ,y body fully. My daughter is also in therapy and taking medication, but I am at a loss as normally she seems fine and these accusations came out of the blue.

    • admin says:

      Dear Rich,
      Reach out to your family because you need to hire a criminal defense lawyer. I am not a lawyer so I cannot give you legal advice but if I were in your situation I would exercise my 5th Ammendment right and not talk to anyone else without first talking to a lawyer. You can call our office for a referral. Our number is 419-865-0513. If you cannot afford a lawyer you will have to wait until it progresses a little further. However, you are NOT REQUIRED to talk to anyone including CPS. I know that innocent people feel they have nothing to hide and therefore decide to talk. All I can say about that is EVERYTHING YOU SAY CAN AND WILL POSSIBLY BE TWISTED AND USED AGAINST YOU!

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

  10. Susan says:

    Allegations granddaughter had been molested at our small town elementary school, not the first, one the year before unfounded by CPS. Husband only male determined founded due to falling out with his daughter. Appeal heard by another locality upheld. After wasting money on 2 lawyers who did nothing, passing lie detector, we appealed by different means to state and got it determined unfounded against husband. Can we sue CPS for falsifying records, lying during appeal, suppressing evidence, etc. Loss of children, $?

    • admin says:

      Dear Susan,
      You probably cannot sue CPS. There is immunity for the investigation of child abuse. You have to be able to PROVE not believe they acted outside of good faith. The courts do not want these lawsuits to be successful because of the fallout it would cause. Not knowing the facts and details, you can consult with a CIVIL lawyer to see if you can overcome the burden.

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

  11. Christian says:

    This is the first time I have asked for outside help and I’m only now doing it because I can see that it may be possible for someone to help me. My name is Christian and when I was 18 years old and just about to graduate high school, I was convicted of having consensual sex with a child. The charge is Second Degree Sexual Abuse of a Child. My friends and I showed up at a party looking to have a little fun as high school kids tend to do and we started drinking and doing some recreational drugs. At the party I conversed with a lot of people and ended up talking to this girl for awhile. She told me how old she allegedly was and we tossed around some other dialogue, then went about partying. As the night went on, people started leaving and I was going to catch a ride until she grabbed me and lead me into a room in the back of the house. Take in mind that I was not clear headed at this time. We kissed and touched, but I can’t recall doing any more than that. After that night I was called to the detectives office about a week or so later. In there I made the biggest mistake of my life. He asked me a ton of questions without letting me have lawyer or my mother. I was only 18 and what I would think to be a child still. I admitted to sleeping with the girl so that I could leave his office and after telling him that I slept with the girl, he decided to tell me that she was actually several years younger than she had told me. This ruined my life. And my families. And my future families if I do not get help with this now. I’m 22 years old now and I’m going to college to be a Biomedical Engineer. Please Help Me.

    • admin says:

      Dear Christian,
      The question that first comes to mind, did you plea or go to trial? I am assuming you are on the registry and have to register. There are very few ways to minimize these extra burdens. Call the office 419-865-0513. We are painfully honest about the options what we know. If we have any suggestions we will share them with you. Is the young lady an adult yet? If she is there might be something that can be done from that angle. However, you CANNOT reach out to her yourself!

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

  12. Dan says:

    My current mother in law claimed I had touched my 6 year old daughters breasts just before a Easter dinner. Nothing was said to me, but 4 days later I received a phone call from my wife telling me her mother said that. I immediatley attempted to contact her mother and she would not talk to me except in text. She said I did this horrific thing and then looked right at her (she was in the kitchen with me). My child went to counseling, and DCF began an uinvestigation. My wife had put an injuction against me because that is what she was told to do, I was out of the house for 23 days. Living in motels and with friends. DCF did the investigation and never took my statement. I spoke with the criminal investigator and she had told me this story doesn’t make sense and it is being closed as unfounded. That was the reason my statement was never taken. Unfortunately from that point on my life with my wife is now very difficult due to the acquisition from her family and the lack of support from her. I have retained an attorney for our upcoming possible divorce, but I would like to know if there could be any recourse against her mother with the lies she told to the state, keeping my children out of my life for 3 weeks and also playing a crucial role in the collapse of my marrige?

    • admin says:

      Dear Dan,
      The immunity issue is the problem. If you have EVIDENCE that your mother in law INTENTIONALLY created the false allegation then you might have something. If you cannot prove it was intentionally false you will not get around the immunity. I would be looking instead at going for full custody due to the false allegation and the damage it will cause to your parental relationship with your child. Talk to your lawyer about going for custody. If your daughter is maintaining the allegation then it is a much bigger problem. Be careful around your daughter. Keep a journal, try to always have someone with you when you visit and if legal record your visits and take pictures. Dad’s are often sitting ducks once the allegation is made.

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

  13. Anne says:

    My husband and I recently took my son to the Dr because he hurt himself playing outside. He was playing on one of our small backyard slides, trying to climb up the slide the wrong way and fell. He had a good sized bruise and what looked like a pinch on his penis and a mark on his neck that the Dr said was a bruise but was more like a rug burn. I’m guessing from the textured plastic slide. The Dr told us we needed to take him to the hospital and then called in a report to DCS. The hospital ran tests and told us that all of them were negative, but they never said what they were testing for specifically other than a UTI. My son’s pediatrician is saying this is abuse. The Dr.s who DCS sent pictures to are saying this is abuse even though they never saw my son. The Dr who is saying he thinks he got hurt the same way we told them is the only one who actually did a physical examination of my son after we were sent to the hospital. DCS is now threatening to take my son if I don’t agree to their “services”, agree to not allow my husband to watch my son, I have to let them into my home anytime they want. I was threatened in the hospital to sign multiple different papers including a “safetly plan” and releases for my son’s medical records or they would not let us leave or they would take him from us. Is this even legal? I don’t understand how they can just do this when the only Dr who took the time to look at him said he’s fine and just being a boy. He’s three and very accident prone, he has poor balance and is scheduled to have tubes put in his ears in 2 months to help. What should I do in this situation? I’m terrified and the woman from DCS is horrible.

    • admin says:

      Dear Anne,
      You need to talk to a lawyer. Yes, DCS can do this and the doctors make claims that almost any injury is consistent with child abuse. There are many reasons this happen. Take this seriously! Has DCS insisted your husband move out yet? It is not uncommon for them to also “suggest” divorce to prove you believe your child was abused and you will protect the child. Depending on the facts of your son’s case, you may be able to fight all this but in my opinioon you will need help!

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

  14. Christi says:

    Upon exiting the back seat of my son’s car, my grandson, almost 3 at the time fell out of the car which resulted in him landing on his arm and sustainin a spiral fracture. There were 3 witnesses. My sons friend, the apartmen manager, and a tenant on her balcony observing. My son called 911 n they were transported to the hospital. Within hours my son was told that CPS would be taking my grandson and he would be charged with breaking his arm. My son took it all the way to jury trial with a green public defender that allowed my son to get railroaded. With that my son is serving 15 years do to him being convicted. There is alot more to this case but that is the jest of it. Please tell me who I could contact for this, as the courts are refusing to grant him an appeal. Thank you.

    • admin says:

      Dear Christi,
      Call the office 419-865-0513. I have questions before I can make any suggestions.

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

  15. donna says:

    My husband is in jail for sexual assault of a child. A neighbor girl is accusing him and the charges are completely false. The only thing he did wrong was let her and her siblings come .play with our children when their drug addict dad locked them out of their house all day with no food water or supervision. I believe she is being molested but by her own grandpa who molested his own stepdaughter and her friend when they were kids

    They are taking the word of this little girl who thinks its funny and and laughs with her friends at school about putting “Alex daddy” in jail . y son Alex is devastated by all this and blames himself for becoming friends with these kids . We have no idea what to do..our court appointed attorney wont call us r go see his client. We don’t have any money for a real attorney.please help

    • admin says:

      Dear Donna,
      I am assuming your husband is in jail. He needs to send the public defender a letter authorizing him/her to speak with the family. He should also send you an exact copy of what is sent to the lawyer. After that, when you reach out to the pd you need to send letters with returns of signatures. Once you have several of those and there is still no contact, you can go the pd’s supervisor. Do not bother the pd. By that I mean only send him/her information that can be used such as a cast of characters, timeline and potential witnesses and what each potential witness might be able to say. Send him the names and addresses of people that investigators should talk to. Only send the pd information (good or bad) that he/she might be able to use!

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

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>