A dictionary does not state that claiming to have been
falsely accusations or is the number one defense. However, it is. The defense often will claim
that the client is falsely accused. Activists for prisoners will claim that the prisoners are innocent
and falsely accused, those against the death penalty will claim the same. Likewise a parent accused of child
abuse will also claim to have been falsely accused.
It is a great defense but that defense is in most cases actually
a false accusation for a person who committed an act knows that he or she is guilty regardless if the court dismissed
it. In those cases that defendant is indeed falsely accusing the victim and or the victim's advocate (protective
parent).
To make
a false accusation/allegation is against the law is most localities and it should be. A false allegation is at the very least
a cruel and annoying thing to do to another. It hurts not only the accused but all victims of the types of crime for
which the false accusation was made.
We live in a land of law and order. Where one is also considered innocent until proven guilty
beyond a reasonable doubt in a court of law.
Courts tend to take the defense's own allegation as fact and the court sanctions the protective
parent. This is in a sense convicting one without a trial. As advocates for abused children, we feel it is wrong to allow the defense to make claims of false accusations/allegations
without the plaintiff having his or her day in court.
However, too often in courts across America protective parents are
being vilified for having followed the law and having reported the abuse their child reported to them. These parents
in good faith reported what they were told and or suspected. They complied with all the legal services and did everything
they were told including in most cases allowed themselves to be investigated and were never allowed to any defense as they
were never arrested for anything and yet, they suffer very severe consequences for an abusive parents false defense., the
loss of their child to abusers.
It
is not uncommon for a judge to yell at a protective parent and it is not uncommon for a judge to state the judge is not going
to hear it. Judges are known to disregard the plaintiff's claim and to dismiss cases of child abuse simply
because the defense claims to be falsely accused. . Judges have been known to refuse to hear witnesses and
to allow evidence from the plaintiff and or protective parent. In most cases that go to court, it is the state's
own child protection agency bringing the case of what they consider founded child abuse. CPS is in many cases the plaintiff
but the protective parent is sanctioned and often losing all or part of the custody. It is not a custody
issue or a case of he said-she said but a case of the state versus one they founded to be a child abuser.