Defend The Children.Org

False Allegations

The internet has thousands of sites which will come up when one does a search for false allegations.  When going to many of the sites, one realizes that the sites actually makes money off what it claims are false allegations.  There are websites selling books, websites advertising to do investigative research, sites selling spy cameras and many lawyers and father's so called rights groups advestising, all asking for money.
All have a motive and something to gain.  The sites are cleverly designed to look like they are trying to help innocent people but in reality they are simple advertising their products or agendas.
If one was to naively believe them than one would draw a conclusion that most accused are the victims and the reporters of crime all guilty of false accusations. This form of blaming the victim is very common practice used by the defense.  In reality, a defense does not even need to present a defense for it it the accuser (usually the state)  who needs to prove the guilt of the accused. 

What are  false allegations?
 
the dictionary defines the two words separately.
 
false      [fawls] Pronunciation Key - Show IPA Pronunciation adjective, fals·er, fals·est, adverb
–adjective
1. not true or correct; erroneous: a false statement.
2. uttering or declaring what is untrue: a false witness.
3. tending to deceive or mislead; deceptive: a false impression.
 
al•le•ga•tion
Pronunciation: (al"i-gā'shun), [key]
n.
1. the act of alleging; affirmation.
2. an assertion made with little or no proof.
3. an assertion made by a party in a legal proceeding, which the party then undertakes to prove.
4. a statement offered as a plea, excuse, or justification.
 
Using  the dictionary's terminology than a false allegation is making a misleading and deceiving statement about another.  It is deceitful and dishonest. 

 

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.

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