False Allegations Of Child Sexual Abuse

Edward Nichols

Description

False allegations of child sexual abuse are an unfortunate reality in both civil and criminal settings. When the fate of a client turns on the ability to understand, organize and integrate complex components of expert testimony, you will want to turn to False Allegations of Child Sexual Abuse: Attorney & Client Desk Reference.

Written by an "insider" - The author's extensive experience in forensic social work and psychotherapy – both as a protective caseworker and private practitioner – will provide you with critical insights into the weaknesses of expert evaluations and testimony in cases of false allegations. Written in a practical, straight-forward style, you will learn the hallmarks of the false allegation and be provided with specific methods for exposing the falsehoods.

Sujets

• Santé et bien-être
• Santé mentale & traumatisme
• Droit privé
• Droit privé
• Droit privé
• Droit privé
• Sexualité
• sexualité
• Sexualité
• Law
• Droit et juridique
• Criminal Law
• Droit pénal
• droit pénal
• Droit pénal
• Droit pénal
• Droit pénal

Informations

• Publié par: eBookIt.com
• Date de parution: 10 février 2017
• Nombre de lectures: 0
• EAN13: 9781456600716
• Langue: English

Extrait

False Allegations Of Child Sexual Abuse
The Attorney & Client Desk Reference
 
by
Edward Nichols
 
Copyright 2011 Edward Nichols,
All rights reserved.
 
 
Published in eBook format by eBookIt.com
http://www.eBookIt.com
 
 
ISBN-13: 978-1-4566-0071-6
 
 
No part of this book may be reproduced in any form or by any electronic or mechanical means including information storage and retrieval systems, without permission in writing from the author. The only exception is by a reviewer, who may quote short excerpts in a review.
 
Introduction
 
 
In the nearly two decades that I have been involved in the problem of false allegations of child sexual abuse, I have been most impressed by the similarities that I have observed among cases from coast to coast: I have observed how child protective agencies consistently disregard the wealth of professional research in favor of politically correct “beliefs”. I have observed how the falsely accused, and their attorneys, believe that no judge or jury “will believe” this story. And I have been contacted by numerous attorneys after their clients were “buried under the jail” on the basis of an “unbelievable” case.
 
It is time that those who are falsely accused, and their attorneys, come to grips with a few grim realities: False allegations of child sexual abuse need to be handled with the same care as a false allegation of homicide. The reality is that those falsely convicted of child sexual abuse are often more likely to serve a greater sentence than those who murder!
 
It must also be understood that false allegations of child sexual abuse, that often first appear in the context of a civil family court matter, must be treated with the same seriousness. It is my experience that many criminal indictments can be prevented by combating allegations that first appear in a civil case. Like cancer, early intervention is the key.
 
This volume is the result of many years of providing expert services to attorneys nationally. I found, in case after case, that I was explaining these concepts to attorneys. At one point, my national practice was almost entirely a consultation practice, with attorneys retaining me to assist them in understanding and countering adverse expert testimony and evaluations. It is the goal of this present work to make available to clients and attorneys information that will guide them toward the end of efficiently combating false allegations.
 
Beyond this goal, it must be said that anyone who has been involved in a great number of these cases can not help but be struck by the great harm that comes to children who are the subject of the false allegations. Generally very young, typically between three and six-years-old, these children suffer profound and lasting damage. Moreover, they most often live with a parent who is either profoundly delusional, or worse, willing to do anything to prevail in a battle, generally with a former husband. All professionals, indeed all Americans, should combat this profound form of child abuse!
 
The national problem of false allegations of child sexual abuse has emerged and continued to grow because of two potent forces: Parents who will not, or can not, put the interest of their children before their own; and a cadre of partially-educated, self-anointed, “experts” collectively known as the Child Protective Services. To truly understand the growth of these two potent forces, which will be encountered in almost every case, one must keep two important realities in mind: First, the abuse of children, sexual or otherwise, is a horrible crime and social problem for which we, as a society, should have zero-tolerance; and second, never in the history of the world has there ever been a country that does more to protect and promote the interests of children.
 
We all agree that some children need to be protected from some parents and that some agency of government needs to be responsible in these cases. However, this is a far cry from the now pervasive belief that it is the government’s responsibility to protect all children from all parents. In point of fact, on the basis of observable data, it would appear that most parents need to protect their children from most government intervention.
 
As a psychotherapist and a licensed professional social worker, it has sometimes been very difficult for me to criticize the deeds of so-called “social service” agencies. It has been impossible, however, to sit by and do nothing. All child abuse involves very serious violations of law. Child Protective Services have been established nationally, guided by the notion that specially trained individuals need to be employed to protect children and, in effect, enforce the law. This amounts to a “special”, and I would argue unconstitutional, police force who in fact have the power to remove children from the homes of their parents. This is the cutting-edge of the most profound and personal kind of government intervention!
 
My involvement in cases of false allegations of child sexual abuse has, through the years, led me to greater and greater activism and pro bono activities. Like the attorneys I serve, I believe that my professional commitment and public responsibility goes beyond the collection of a fee for service.
 
In 1996 I established a Web site on the Internet that made a tremendous amount of useful information available to the public. I have also agreed to provide a pro bono consultation to those who call Nichols Consulting.
 
The initial response and activities of those falsely accused are most often associated with a favorable or disastrous outcome. Attorneys need to hit the ground running. They need to be proactive rather than reactive . They need to understand the principles that are associated with a successful result; they need to effectively and efficiently organize and manage the case; they need to understand how their client will be assessed and how to overcome the testimony of adverse witnesses; they need to understand the difference between “indicators” of child sexual abuse and age-specific behaviors that are normally encountered; they need to know how to refute false allegations and the opinions of unqualified “experts” while holding qualified experts within their ethical bounds; they need to be able to bring to the case experts able to “educate” the court; and perhaps most importantly, attorneys need to have at their fingertips the latest research so that they can expose to the court the difference between a “zealot” and a qualified professional making an opinion within the confines of established scientific understanding. This volume has been organized to provide these insights.
 
Armed with this information the attorney representing the falsely accused will be better prepared to tackle the expert testimony and evaluations upon which the case will turn. I stand ready to take calls, letters, and emails from those who would like a brief case evaluation. In my experience, the sooner that experts are involved in cases of false allegations, the more cost and human-effective they become in defending against the false allegations.
 
The success of this publication has given birth to Nichols Consulting which is a national consulting firm able and ready to assist the falsely accused from coast to coast. Nichols Consulting consists of mental health and legal professionals who specialize in assisting the falsely accused. I have hand picked each member of our consulting group from my contacts with professionals across the nation. Moreover, I take a personal interest in each and every client served by Nichols Consulting and most often meet with the client and his attorney.
 
Our comprehensive national service is able to provide a wealth of assistance which facilitates a “defense team” headed by a competent local attorney and augmented by the inspired staff of Nichols Consulting.
 
Our many years of national experience allow us to “hit the ground running” and deliver comprehensive services within the economic reach of most falsely accused individuals. Often a visit to your jurisdiction and document review is able to give us the insights we need to perform an initial assessment, develop a comprehensive strategy, and give you the advantage in difficult circumstances.
 
Since this book is intended both for attorneys and for those falsely accused of child sexual abuse, what follows are Frequently Asked Questions [FAQ’s] for “Attorneys” and for “The Accused”. You are urged to turn to the appropriate FAQ’s and read them carefully!
 
You will see how Nichols Consulting can help you with your case within your budget. Perhaps most importantly, you may learn how to avoid critical errors that may cost much more than money. All of this is available to you during your free initial consultation. At that time it will be my pleasure to explore with you the specific steps that need to be taken and how we can assist you in providing an appropriate and effective defense to the false allegations. I look forward to hearing from you soon!
 
Edward Nichols
For Nichols Consulting
607.563.8707
 
FAQ’s For Attorneys
 
 
How do good attorneys lose false allegations of child sexual abuse cases?
 
They believe one or more of the following deadly myths:
 
These cases are like any other criminal case.
 
Not true. While the standard of proof remains technically the same, juries expect you to prove your case, rather than just defend it. Fail to do so only at your client’s peril!
 
This is simply a credibility case.
 
You may show that the complaining witness has lied on numerous occasions, you may even show that she has a propensity to lie, the critical question is: Did she lie about the specific allegations? Research shows that juries believe that children generally do not lie about sexual abuse allegations. Changing this perception requires specific psychosocial techniques that are case-specific.
 
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