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.

September 6 -8, 2012,

 Ballys Hotel & Casino,  Las Vegas, Nevada

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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.

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.

About a year after, the step-daughter recanted her testimony, claiming that the sexual assault had never happened, and that she made it up. In 2011, Duke’s attorney discovered that the Prosecutors office had never shared with the defense exculpatory information that the girl’s grandmother had told police that she thought the “victim” was untruthful and that her aunt had actually convinced the girl to fabricate the story.

This exoneration comes after Duke has served almost 14 years in prison for this “crime” that never happened.

The exoneration is due in part to diligent work by Duke’s attorney, and also to the Dallas County District Attorney’s Conviction Integrity Unit, led by Russell Wilson. Dallas should be applauded for actually taking the initiative to exonerate those falsely accused of sexual crimes against children. Hopefully this trend will continue. However, most counties do not have a Unit like this, and wrongly convicted are required to rely on the skill of their trial attorneys, appellate lawyers, and false accusation experts to defend against these unfounded charges.

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